Clarins Online - Terms & Conditions of Sale
The following terms and conditions of sale (Terms) apply to the ordering, purchase and delivery of Products from the Site (www.clarins.com.au) and form a contract between You and Trimex Pty Ltd of 5 Crewe Place, Rosebery, NSW, 2018, Australia (ACN 001 198 787) trading as Clarins Online.
These Terms will supersede any and all other terms and conditions contained in or referred to in order(s), in correspondence or elsewhere, despite any provisions to the contrary in such terms and conditions.
1. Placement of Order and Order acceptance
1.1 You may place an Order online at the Site. Before placing the Order, You may review and change the details of the Order in the checkout area of the Site. You may identify and correct input errors at any time, before finally submitting the Order by clicking the "place order now" button. You agree that You will not be able to cancel or modify Your Order after You submit it.
1.2 The presentation of Products on the Site does not constitute a binding offer from Us. You agree that by clicking the "place order now" button You are making a binding offer to Us on these Terms to enter into a purchase agreement with Us. However, Orders may be placed and transmitted only if You accept these Terms by placing a checkmark in the appropriate check box.
1.3 Once You have placed an Order, We will send You an email confirming receipt and listing details of the Order (Order Confirmation).This Order Confirmation does not constitute acceptance of Your offer by Us.
1.4 We reserve the right to remove any Product from this Site at any time or remove or edit any materials or content on this Site. We will make Our best efforts to process all Orders, but We may refuse an Order after We have sent You an Order Confirmation, such as where the Product You have ordered is unavailable.
1.5 We will not be liable to You or any other third party for withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order after We have sent You the Order Confirmation.
1.6 Unless We have notified that We do no accept Your Order, Our acceptance of Your Order and completion of a contract between You and Us will only occur when We ship the ordered Product to You and confirm with a second e-mail to You (Shipping Confirmation).
2. Product descriptions
2.1 We take all reasonable care to ensure that all details, descriptions, images and prices of Products appearing on the Site are correct at the time when the relevant information is entered onto the system. However, to the extent permitted by applicable law, We do not warrant that the Product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although We aim to keep the Site as up to date as possible, the information, including Product descriptions, appearing on this Site at a particular time may not always reflect the Product exactly at the moment You place an Order.
3. Price and payment
3.1 Product prices and delivery fees are in Australian dollars and include GST. Delivery fees will be indicated separately on the Site and before Order completion.
3.2 The price will be as quoted on the Site, except where there is an obvious error. We will take care to ensure that all prices quoted on the Site are accurate, but errors may occur. We cannot confirm the price of a Product until Your Order is accepted. If We discover an error in the price of any Product You have ordered, We will inform You as soon as possible and You may reconfirm the Order at the correct price or cancel it. If We are unable to contact You, the Order will be treated as cancelled and if You have already paid for the Product You will receive a full refund.
3.3 Payment can be made by credit card (Visa, Mastercard or American Express) or Paypal. By using and verifying a credit card, You confirm that the card being used is Yours. The amount payable will be debited from Your account when Your Order is accepted by Us.
3.4 Our bank account must be irrevocably credited with the amount due before We will deliver the Products to You.
4. Promotions, sales events and promotional codes
4.1 Promotions, discounts, offers, multi-buys and promotional codes (collectively "Promotions") are valid for the specified time period and may only be used once unless otherwise stated.
4.2 One-time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.
4.3 Promotions do not apply to already discounted Products, or to delivery, gift wrapping, GST or duties or similar services, unless otherwise stated.
4.4 Promotions cannot be applied retroactively to previously placed Orders or to Orders that are placed after the Promotion has ended.
4.5 For Promotions requiring a minimum Order value, charges for delivery and/or the cost of any gift included with a purchase do not count towards the minimum Order value.
4.6 If You purchase Products with a Promotion and return the Products within 14 days of the date of purchase, We will issue You a credit or refund at the promotional price. If the Promotion has expired, it cannot then be applied to a replacement or future Order. However, if the return results in the Order value falling under the minimum amount for the Promotion, the discount will be removed. This will not apply to like for like exchanges.
4.7 If You return a gift that was purchased with a Promotion and the Promotion has expired, You cannot apply the expired Promotion to a replacement or future Order.
4.8 Promotional Products are available only while stocks last. We do not issue rain checks for Products that are not in stock.
4.9 We can, at Our sole discretion, extend or terminate a Promotion at any time.
4.10 We have no obligation to advise You of an incomplete Order and will not be accountable for the return of any Product ordered incorrectly.
4.11 By claiming a promotional offer on Your Order, You agree that You have understood the terms and conditions of that Promotion.
4.12 Sale, mid-season sale, end of season sale (collectively "Sale") are valid for the specified time period.
4.13 To receive Sale pricing You must complete Your purchase during the specified time period. Adding Products to Your shopping bag does not constitute a completed purchase.
4.14 A sale Product is any Product that is not priced at the full recommended retail price ('RRP').
4.15 '% off' refers to the amount deducted from the RRP.
4.16 Sale pricing is as marked, unless otherwise stated.
4.17 A Sale offer may be restricted to online purchases or in store purchases, or may be available for online and in store purchases. Please refer to the respective terms and conditions specific to the Sale event.
4.18 Sales are subject to size and stock availability.
4.19 Sales cannot be used in conjunction with any other offer, unless otherwise stated, and Sale pricing cannot be applied to an Order that has already been completed.
4.20 If You purchase Products during a Sale event and return those Products within 14 days of the date of purchase, We will issue You a credit or refund at the Sale price. If the Sale has expired, it cannot then be applied to a replacement or future Order. This will not apply to like for like exchanges.
4.21 Sale discounts do not apply to delivery, gift wrapping, GST or duties or similar services, unless otherwise stated.
4.22 Sale pricing cannot be applied retroactively to previously placed Orders or to Orders that are placed after the Sale has ended.
4.23 Sale Products are available only while stocks last. We do not issue rain checks for Products that are not in stock.
4.24 We can, at Our sole discretion, extend or terminate a Sale at any time.
4.25 We have no obligation to advise You of an incomplete Order and will not be accountable for the return of any Product ordered incorrectly.
4.26 By purchasing Sale Products, You agree that You have understood the terms and conditions of that Sale.
4.27 Promotional codes are only available for use online at Clarins.com.au, unless otherwise stated. To qualify for the promotion, You must meet the purchase criteria and enter the promotion code at the checkout. You must redeem the offer by the date stated on the promotional code. You may only redeem a promotional code once and cannot use it in conjunction with any other offer. Promotional codes are applied to the Product value and exclude gift wrapping and delivery, unless otherwise stated.
5. Exchanges and returns
Change of mind
5.1 If You change Your mind about Your purchase, We may offer You a refund or exchange of the Products if:
(a) You have satisfactory proof of purchase;
(b) the Products are unopened and in saleable condition;
(c) You seek the refund or exchange within 14 days of Your receipt of the Products; and
(d) You return the Products to Us for refund or exchange at Your cost.
5.2 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major defect and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
5.3 If You consider that the Products are faulty, damaged or incorrect (not what You ordered), You should contact Our Customer Care centre on 1800 861 888 or at email@example.com with details of the Product and the fault or damage within a reasonable period of time. You are responsible for returning the Product to Us.
5.4 Upon receipt of the returned Product, We will fully examine it and notify You of Your right to a replacement or refund (if any) via e-mail within a reasonable period of time. The refund or replacement will take place as soon as possible and, in any case, within 14 days of the day We confirmed to You via e-mail that You are entitled to a refund or replacement for the faulty Product.
5.5 If there is a major defect with the Product, or if the incorrect Product has been delivered, You may choose a refund or exchange.
5.6 Where Products are damaged through misuse or abnormal use, We will not provide a refund or exchange.
5.7 These Terms are in addition to, and do not affect, Your other statutory rights and remedies which are available to You under the Australian Consumer Law.
6.1 Products advertised for sale on the Site may be Ordered only if the invoice and delivery addresses are within Australia.
6.2 We are not able to deliver Products to a post office box.
6.3 We may not be able to deliver Products to all locations. For a full list of delivery locations, please contact Our Customer Care centre on 1800 861 888.
6.4 Free delivery applies to Orders for Products with a total price of $100.00 or more.
6.5 A standard delivery fee of $9.95 applies to all Orders for Products of less than $100.00.
6.6 We will make every effort to deliver the Products to Your nominated Delivery Address within 14 days following receipt of Your Order. We cannot guarantee that delivery will take place in the time frame.
Authority to leave
6.7 You may provide authority for Our Courier to leave Products at the Delivery Address if there is no one available at the Delivery Address to accept delivery ('Authority to Leave') by checking the box at the checkout.
6.8 If You check this box, You ask Us to deliver Your Order to an unattended address at Your own risk. You accept responsibility for the Order once it has been delivered.
6.9 The Courier may, at their discretion, decide to not make the delivery to an unattended address, such as if they consider the location is unsafe.
General terms for delivery
6.10 If You are not available to accept delivery, You may appoint a representative to accept delivery. The representative must be over 18 years of age and capable of receiving delivery on Your behalf. You agree that We may rely on Your representative's instructions as if they were Your own.
6.11 On delivery, the Courier may require You or Your representative to provide them with proof of identity or age. We may not make delivery of the Products if the person receiving the Products is unable or unwilling to provide satisfactory evidence of proof of identity or age.
6.12 You or Your representative may be required to sign a delivery form to confirm delivery. If You refuse to sign the delivery form, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, You may be required to pay additional delivery fees.
6.13 You must tell Us in advance if the Courier is likely to have difficulty delivering the Products to the Delivery Address.
6.14 Where You have not provided 'Authority to Leave', the Courier will be deemed to have delivered the Products when the Courier obtains from You or Your representative confirmation of receipt of the Products (including a signature on the Courier’s manifest or scanner).
6.15 If You have not provided 'Authority to Leave' and there is no one available at the Delivery Address to accept delivery, or for any other reason delivery cannot take place, the Courier will handle and store the Products until the delivery is completed. You may be charged additional fees for any redelivery.
6.16 Once delivered, please ensure the Products match Your Order. You must let Us know promptly about any damaged, missing and incorrect Products by contacting Our Customer Care centre on 1800 861 888 or at CustomerCare.AU@clarins.com.
7.2 We may also collect, and Our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement You came from or linked to, IP address, browser type, pages You visited from the Site.
7.3 You acknowledge that We may send You marketing material in accordance with applicable laws or with Your prior consent. If You are receiving this information from Us and do not wish to receive it any longer, please contact Us directly at CustomerCare.AU@clarins.com and ask to be removed from Our mailing lists, or by using the unsubscribe facilities included in these communications.
8.1 Despite anything in these Terms, certain legislation including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms must be read subject to those statutory provisions. Nothing in these Terms is intended to alter or restrict the operation of such provisions.
8.2 To the extent permitted by applicable law, We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity) in contract, tort, under statue or otherwise, however caused, including arising directly or indirectly from or in connection with Your Order for Products.
9.1 We reserve the right to amend these Terms at any time. Any amendments to these Terms will become effective upon publication on the Site. The Terms which apply at the time You place an Order are those that govern the Order.
9.2 These Terms are governed by the law of New South Wales.
Courier means a third party delivery or shipping company engaged by Us to deliver the Products.
Delivery Address means the address to which the Products are to be delivered, as stated on Your Order.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means a request by You to purchase Products from Us under these Terms through the Site.
Products means the items offered for sale on the Site.
Site means www.clarins.com.au.
You and Your means the purchaser of Products from Us under these Terms.
We, Us and Our means You and Trimex Pty Ltd of 5 Crewe Place, Rosebery, NSW, 2018, Australia (ACN 001 198 787) trading as Clarins Online.