Terms & Conditions | Terms &Conditions of Sale
Prior to submitting an order by clicking the ‘submit order’ button on the payment method page, please save or print a copy of these Terms and Conditions to keep on file for future reference regarding the order you are submitting. Please understand that by visiting this website, including placing an order for any products from our Site, you agree to be bound by, consent to comply with, and otherwise consent to all provisions under these Terms and Conditions.
1- Scope and acceptance of Terms and Conditions of Sale
The site www.clarins.com.kw (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet network at the address www.clarins.com.kw. It is open to any user of the network (hereinafter referred to as “User” or “you”). It is published and operated by the company Clarins Groupe (Middle East) Ltd., (hereinafter referred to as the “Vendor” or “Clarins”), a branch registered in the UAE under company number 101, Dubai Airport Freezone.
It is hosted by:
Wells Point, 79 Wells Street,1st floor,
London W1T 3QN United Kingdom
Tel: +44 207 291 5800
The Site is provided to Users for their personal use. The Site enables the Vendor to offer cosmetics and perfume products for sale to Users browsing on the Site. Under these Terms and Conditions of Sale, it is agreed that the User and Vendor shall be jointly referred to as the “Parties”, and individually as a “Party” and that a User that has submitted an order shall then be referred to as the “Customer”.
The rights and obligations of the User shall automatically apply to the Customer.
Any order of Products offered on the Site implies consultation and constitutes express acceptance of these Terms and Conditions, without this acceptance however being subject to the handwritten signature of the User.
It is stipulated that the User may make a backup copy or print these Terms and Conditions, providing that they are not modified.
These Terms and Conditions come into effect as from 25 of January 2022. These Terms and Conditions govern Users’ access to and use of the Site, including all content, transactions and services provided by way of the Site. Should the User navigate away from the Site to a third-party website or application, the terms and conditions applicable to the latter website or application shall govern his/her use thereof.
Persons under the age of sixteen are not permitted to use Clarins’ services pursuant to this Site. Any person under the age of twenty-one using this Site must first obtain the consent of his/her parent or guardian who agrees to be bound by these Terms and Conditions.
The Vendor reserves the right to change these Terms and Conditions without notice and at any time, with any modifications not applying to reservations and orders already accepted and confirmed by the Customer.
2- Products sold on the Site
All the offers of products proposed on the Site are limited to www.clarins.com.kw and to parties capable of lawfully entering and forming contracts under the Kuwaiti laws in effect.
Prior to placing an order, the Customer may check the main features of any product or products they wish to order, by consulting the Site.
Purchase offers, including special promotions, are valid for as long as they are visible on the Site. Please note that all special offers running on www.clarins.com.kw are subject to stock availability. In the event we are out of stock on certain gifts, the offer will be removed or refreshed accordingly or alternatively, where possible, substitutions of samples or free gift items may be made without notice.
Products purchased are for personal or gift use only and may not be utilized for commercial purposes, including resale purposes. Please note, only 3 of the same product can be obtained per Customer within a 30 day period. Should a Customer exceed this limit, Clarins reserves the right to cancel any orders in breach of this. This also includes Customers using multiple identities and accounts.
Clarins reserves the right to cancel an order(s) in the event of promotional misuse or suspected suspicious activity. The customer will be contacted and notified if their order has been cancelled due to this reason.
If you obtain a product/item on your order for free due to a technical error, you are obliged to pay the value of goods received or alternatively return the goods in full to Clarins.
3- Prices of products for sale on the Site
The prices shown on this Site are in Kuwaiti Dinar, with it being stipulated that products ordered are invoiced at the price in force when the order is registered.
The prices of products shown on this Site do not include shipping charges, which are invoiced in addition to the price of the purchased products, according to the total amount of the order. Shipping charges will be shown before the Customer is asked to confirm the order.
Prices include Kuwaiti Dinar at the rate in force on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by the Vendor on this Site.
All orders constitute full and unreserved acceptance of the entirely of these Terms and Conditions of Sale.
The Customer accepts the Vendor's use of its order registration systems as proof of the nature of the agreement and its date.
When the order is confirmed by clicking on the “Complete my order” button, the Customer declares that they accept the order, together with these Terms and Conditions of Sale. A summary of the order can be printed.
Once the order has been registered, a detailed acknowledgement of the order is sent to the Customer at the e-mail address provided.
This acknowledgement specifies the exact amount invoiced and details of the order and delivery.
This acknowledgement implies acceptance of the order and confirms the transaction, subject to order payment.
In the event of one or more products being unavailable once the order has been placed, the Customer will be notified and will be asked to cancel the order.
The Customer may also cancel an order placed on the Site by contacting our Customer Service team at +971 800 2527467. If our Customer Service team informs the Customer that the order has already been processed, the Customer cannot cancel such order but may instead refuse acceptance of the purchased products when delivered.
The Vendor reserves the right to suspend or cancel any order placed by a Customer with whom a dispute exists regarding the payment of a previous order, or for any other legitimate reason, in particular should it consider, at its sole discretion, the nature of the order unusual or suspicious.
For the avoidance of doubt, all contracts of sale effected through this Site are governed by the law in Kuwait.
All orders are payable in Kuwaiti Dinar.
To pay for their order, the Customer must use the following method of payment: bank card or Paypal. The following bank cards are accepted on the Site: Visa and MasterCard.
The Customer guarantees to the Vendor that they have been granted all authorizations required to use the credit card (details of which are provided for the Vendor) for the purpose of the payment, when registering and submitting the purchase order, and that they have not been involved, whether directly or indirectly, in any act of credit card theft, identity theft, money laundering or any other illicit activity whatsoever.
In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, the Vendor reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.
Charges on any unpaid amount will be automatically incurred at the rate prevailing in the market at the time of the transaction plus 5 percent, provided that the total rate applied does not exceed 12% or any other legal limit, following a period of ten days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment.
As part of the measures taken to prevent fraud over the Internet, information concerning the Customer’s order may be sent to any competent authority for verification.
To ensure secure credit card payment, the Customer must send the card security code of the bank card being used.
Secure payments on the Site are guaranteed by CyberSource.
6- Order Delivery
The products purchased through the Site may only be delivered to addresses within Kuwait and will be delivered to the address provided by the Customer when placing their order, according to the selected method of delivery.
Orders will be delivered within an average of 1 to 6 days as from the day on which the Vendor receives the order, according to the selected method of delivery and no later than 30 days as from reception of the order, subject to full payment of the price.
7- Legal guarantee
To the extent allowed under the law in Kuwait, the Vendor (i) disclaims all implied warranties and representations with respect to purchased products and the Site (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement); (ii) does not guarantee that the Site will function without interruption or errors; and (iii) provides the Site and its services (including content and information) on an “as is” and “as available” basis. The Customer shall benefit from the provisions of the legally guarantee regarding product conformity.
In the event of non-conformity of the product, in particular due to an anomaly or an error in the delivered references, the Customer can choose to return the product to the Vendor and be reimbursed.
Return shipping costs will be reimbursed by the Vendor on request by the Customer.
The Customer may contact Customer Services by e-mail as regards any claim.
8- Right of withdrawal
The Customer has a period of 14 calendar days as from the date of reception, to return the ordered products at their own expense for reimbursement.
Products can be returned to our warehouse by courier, unused and in the same good condition as received, in their original box and packaging, along with the original invoice, within the timeline mentioned next.
The reimbursement will only be made against the original credit/debit card used and if the Customer requests return of the ordered products no later than 14 days following the date on which the ordered products were received.
9- Instructions for returning products
Whatever the reason for returning products to the Vendor, the Customer is advised to follow the following instructions in order to facilitate processing of the return:
- Use the original packaging to return the product.
- Fill in and attach the Return Form (to be separated from the Delivery Slip)
- Send to the following address:
Clarins.com.kw (Returns Department)
Clarins Cosmetics & Perfumes (L.L.C)
Dubai Festival City
Any risk related to the return of products is borne by the Customer.
10- Retention of title
All products remain the exclusive property of the Vendor until payment of the sale price, including the principal, extra costs and taxes has been made in full.
Nothing in these Terms and Conditions shall affect your rights under the local applicable consumer protection laws.
The Vendor shall not be held liable for non-fulfilment of contracts due to stock shortages, except for cases of special price offers not intended to lower stock levels, or in the event of product unavailability due to force majeure.
The Vendor accepts no liability for:
- any interruption to the Site, including temporary or permanent modifications or interruptions for maintenance purposes;
- any incidences involving software or hardware bugs;
- any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site;
- more generally, any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site or any credit accorded to any information directly or indirectly coming from it.
The Vendor has undertaken all reasonable efforts to ensure colors and shapes of products are accurately displayed, however the Vendor shall not be held liable for any inaccuracy in the colors and shapes displayed on your monitor.
Under no circumstances shall the Vendor be liable for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the Users’ use of this Site, including any loss of profits or data or computer failure or malfunction.
Subject to the above, where a claim arises pursuant to the purchase of a product through the Site, under no circumstances shall the Vendor’s liability to a User exceed the purchase price paid for the relevant product.
Users shall defend and indemnify the Vendor and its affiliates from any and all claims, damages, costs and expenses, including legal fees, arising from or relating to a User’s use of the Site or any breach of these Terms and Conditions.
13- Intellectual property
In accordance with legislation governing the ownership of literary and artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this Site, together with their compilation, are the exclusive property of the Vendor, as it does not grant any license or any entitlement other than that a non-transferable and revocable personal license of consulting the Site. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited. Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior written authorization from the Vendor. Any other use constitutes infringement.
By registering on our Site, the User agrees that:
- he/she is at least twenty-one years old, if between sixteen and twenty-one, that he/she has obtained the consent of his/her parent or guardian who agrees to be bound by these Terms and Conditions;
- he/she will not open more than one account under the Site; and
- all information provided while completing his/her profile is accurate.
The User is responsible for all activities conducted on its account and shall immediately inform the Vendor shall it be aware of any unauthorized use of its account. The Vendor shall not be held liable or responsible for any failure by the User to do so.
15- Permitted Use
The Site may only be used for personal purposes and in connection with interest in purchasing the services and products provided by the Vendor. Under no circumstances shall it be permitted to use the Site for any other purpose, and it shall be strictly prohibited to undertake any of the following use:
- Give third parties access to the services of the Site;
- Create a false identity on the Site, misrepresent one’s identity, create a member profile for anyone other than oneself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Site or otherwise copy profiles and other data from the Site;
- Override any security feature or bypass or circumvent any access controls or use limits of the Site;
- Copy, use, disclose or distribute any non-public information obtained from the Site, whether directly or through third parties (such as search engines), without the consent of the Vendor;
- Disclose information that the User does not have consent to disclose;
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
- Post anything that contains software viruses, worms, or any other harmful code;
- Imply or state that the User is affiliated with or endorsed by the Vendor without our express consent;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
- Use the Site for any illegal or unauthorized purpose;
- Overlay or otherwise modify the Site or its appearance; and/or
- Interfere with the operation of, or place an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms).
16- Applicable law
The sales of products of the Vendor are subject to the law in Kuwait.
17- Data processing and Civil liberties
The data collected will be processed for the purpose of sending out newsletters and/or processing the Customer’s orders be in accordance with the applicable laws and regulations. The recipients of the data are the Vendor and its service providers.
The Customer has the right to access, change, correct and delete personal information concerning them by contacting the Vendor by e-mail.
18- Gift Message Terms
We reserve the right to reject the printing of a gift message or e-gift voucher which includes any content or material which:
- is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
- contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
- may harass, upset, embarrass or alarm any person
- gives the impression that it emanates from or has been approved by us
constitutes, advocates, promotes or assists any unlawful act.