TERMS & CONDITIONS OF SALE
Last update: 1st April 2020
1 - SCOPE AND ACCEPTANCE OF TERMS & CONDITIONS OF SALE
The website www.mugler.com (hereinafter referred to as the “Site”) is an e-commerce site. It is open to any user of the network (hereinafter referred to as “User”). It is published by the company AZZARO MUGLER Beauté UK Limited (hereinafter referred to as the “Vendor”), a company registered in England and Wales under company number 12113507, with its registered office at 255 Hammersmith Road, London, W6 8AZ, United Kingdom.
It is hosted by:
Wells Point, 79 Wells Street,1st floor,
London W1T 3QN United Kingdom
Tel: +44 207 291 5800
The Site enables the Vendor to offer cosmetics and perfume products for sale to Users browsing on the Site. Under these Terms & 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 confirmed 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 express acceptance of these Terms & Conditions of Sale, 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 & Conditions of Sale, providing that they are not modified.
These Terms & Conditions of Sale came into effect as from 5th November 2011.
The Vendor reserves the right to change these Terms & Conditions of Sale without notice and at any time, with any modifications not applying to reservations and orders already accepted and confirmed by the Customer.
These Terms & Conditions of Sale shall apply to the exclusion of any other document.
2 - PRODUCTS SOLD ON THE SITE
All the offers of products proposed on the Site are limited to www.mugler.com.
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.
Purchase offers, including special promotions, are valid for as long as they are visible on the Site.
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 MUGLER.
3 - PRICES OF PRODUCTS FOR SALE ON THE SITE
The prices shown on this Site are in pounds sterling, including all taxes, with it being stipulated that products ordered are invoiced at the price in force when the order is registered.
They 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 value added tax (VAT), 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 its Site.
4 - ORDERS
All orders imply full and unreserved acceptance of these Terms & Conditions of Sale.
The Customer accepts that the Vendor's order registration systems are proof of the nature of the agreement and its date.
Each order is limited to 5 products. In addition, within each order, no more than 3 articles of any single product reference may be ordered.
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 & 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 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 by e-mail. The amount of the order will be re-calculated and the Customer will be debited the new amount, with the price of the unavailable products deducted. If the whole order is unavailable, the Customer will be notified by e-mail and will not be debited.
The Customer may also cancel an order placed on the Site by contacting our Customer Services. If Customer Service informs the Customer that the order has already been processed, the Customer cannot cancel. In this case, they must refuse reception of the order when it is delivered. Engraved items cannot be cancelled, refunded or exchanged unless they are defective or faulty.
The Vendor does however reserve 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 related to the unusual nature of the order.
5 - PAYMENTS
All orders are payable in pounds sterling.
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, MasterCard, Maestro and American Express.
The Customer guarantees the Vendor that they have been granted any authorizations required to use their chosen method of payment, when registering the purchase order.
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 legal interest rate plus 5 percent 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 will be delivered to the address provided by the Customer when placing their order by Master Card, American Express or Visa, according to the selected method of delivery.
Orders will be delivered within an average of 2 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
The Customer shall benefit from the provisions of the legal 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 not be reimbursed by the Vendor on request by the Customer. The Customer must refer to the Vendor’s returns policy for further information.
The Customer may contact Customer Services by e-mail in regards to any claim.
8 - RIGHT OF WITHDRAWAL
The Customer has a period of 30 clear days as from the date of dispatch, to return the ordered products at their own expense for reimbursement.
The right to withdrawal does not apply to engraved items which cannot be cancelled, refunded or exchanged unless they are defective or faulty. Please check your spelling and icons carefully before adding engraved products to your shopping bag.
The reimbursement will be made to the original payment method after exercising their right of withdrawal, no later than 30 days following the date on which the right was exercised. If this is not possible, the Vendor will contact the Customer to advise further.
9 - INSTRUCTIONS FOR RETURNING PRODUCTS
Whatever the reason for returning products to the Vendor, the Customer is advised to adhere to 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:
Thierry Mugler (Returns Department)
WESTEX LTD (E COMMERCE)
UNIT 1, TEMPLE HOUSE
Any risk related to the return of products is borne by the Customer.
10 – RETURNS POLICY
If for any reason you are not entirely satisfied, you may return any item in its original condition for a full refund or a replacement order within 30 days from receipt, in accordance with the regulations governing distance sales. If the product(s) received does not comply with your order or if the content of the parcel has been damaged, please return the product(s) accompanied by the Return Form. If you wish to replace your order, you will be refunded the cost of standard return shipment. If you would rather have a full refund, we will refund your total order and the cost of return shipment. Credit for returns will automatically be issued to the original method of payment. For prompt service, items should be returned in the same box as used for delivery.
For a return please send your products with your Return Form to:
MUGLER (Returns Department)
WESTEX LTD (E COMMERCE)
UNIT 1, TEMPLE HOUSE
For the return of an order with a faulty texture/fragrance/allergy, please notify us immediately by calling our MUGLER Customer Service Team on 01279 774240 or by e-mail at firstname.lastname@example.org.
Love it or return it:
If you wish to return the fragrance it must be returned within 30 days from the date of purchase. The packaging must be in its original condition and should not be opened. To return the product please complete and enclose the returns form with the fragrance and post to: Westex Ltd (E commerce), Unit 1, Temple House, Riverway, Harlow, Essex, CM20 2EY. Please note that return costs won’t be reimburse.
11 - RETENTION OF TITLE
All products remain the exclusive property of the Vendor until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full.
12 - LIABILITY
The Vendor cannot 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;
- any incidences involving 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.
13 - INTELLLECTUAL 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 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.
14 - APPLICABLE LAW
These Terms & Conditions of Sale are governed by English law and you can bring legal proceedings in respect of these Terms & Conditions of Sale in the English courts. If you live in Scotland, you can bring legal proceedings in respect of these Terms & Conditions of Sale in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of these Terms & Conditions of Sale in either the Northern Irish or the English courts.
15 - PERSONAL DATA PROTECTION
The information collected will be processed by AZZARO MUGLER Beauté UK Limited and is likely to be communicated to other companies within the group and/or service providers if necessary to process your order and – unless opposed by you - to provide you with offers on our products and services, for customer relationship purposes and/or to manage your membership to our Loyalty Program. You have a right to access, rectification, erasure and data portability of your personal data as well as a right to object and restriction of processing by contacting us.
16 - GIFT MESSAGE
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
- advocates, promotes or assists any unlawful act
17 - MEDIATION
The Customer is informed of the possibility of using consumer mediation for disputes that may arise over the sale of MUGLER products.
The referral to the mediator is possible only if the Customer has already addressed the Customer Service and has not obtained a response or satisfaction to his or her claim.
The European Commission is offering a one-stop shop for consumers and professionals wishing to resolve, out of court, disputes arising from online transactions. This service is available at the following address: ://ec.europa.eu/odr.