NARS Cosmetics Terms and Conditions

• ARTICLE 1: SUBJECT-MATTER

  These T&Cs set out the terms and conditions governing the online sale and the delivery of the Products by NARS to the Client, as well as the respective rights and obligations of the Parties arising from the online sale of the Products that are offered on the Site.

  They set out for instance all the steps that must be taken to place an order.

• ARTICLE 2: PRODUCTS

  2.1. Product Description

  The Products available to purchase on the Site and their detailed descriptions (in the form of product data sheets) are shown on the Site to enable potential Clients to obtain information about the key characteristics of the Products that they wish to buy before placing an order.

  NARS shall use its reasonable endeavors to ensure that the visual depictions of the Products shown on the Site constitute faithful reproductions of the original Products. Nevertheless, given that NARS does not have full control over the colour rendering properties of the Client’s computer hardware and software, NARS cannot be held liable for any inaccuracy of the photographs featuring on the Site.

  For any question or advice concerning the Products and their use You may contact our Customer Service Customer Service :

  Email Contact: contact@narscosmetics.eu

  Phone : +442038100750 (Monday to Friday, 9AM - 6PM, UTC+1. Excluding official bank holidays).

  2.2 Products Availability

  2.2.1. The Products sold by NARS are those featured on the Site on the day on which the Client accesses the Site, subject to availability.

  NARS shall use its reasonable endeavors to report any permanent or temporary unavailability of its Products on the Site’s information page describing each Product or at the time when a Client places their order.

  2.2.2. Despite our vigilance, should a Product that is ordered not be available at the time of sending the order (such as due to a stock outage or if NARS no longer sells the Product), NARS will have to cancel the Order in its entirety and will inform the Client of such as soon as possible by e-mail or phone.

  Such notification may be issued at any point in time between the approval of the order and its shipping. Should the bank account / bank card of the Client already have been charged at the time of the cancellation, NARS undertakes to refund the entire value of the order to the Client as soon as possible directly to the bank account / bank card that was used to pay for the order within maximum 14 days.

  Client may place a new Order with the available Products.

  Unavailability of free gifts or gift with a purchase will not result in the cancellation of an order.

• ARTICLE 3: PRICES

  The prices of the Products shall be firm and shall be quoted in euros. The applicable prices shall be those that are displayed on the Site at the time when the Client places its orders.

  Prices for Products are quoted including all taxes, excepted delivery costs. Delivery cost, (including any customs duty and other taxes and levies linked to the delivery)  shall be listed separately in the Cart and shall be set out on the order summary prior to final approval and purchase by the Client. All cost shall be set out  in the order confirmation e-mail sent subsequently to the Client.

  The total price stated in the order summary and in the order confirmation e-mail covers all of the moneys billed to the Client, including all taxes and levies, delivery costs and customs duty.

  The prices include applicable VAT and any change in the statutory rate of this tax shall be reflected in the prices of the Products featuring on the Site, as of the date the new rate comes into effect

  Should the Client use a bank card tied to an account denominated in a currency other than the euro, the Client’s bank may charge currency conversion costs and bank costs, which must be borne by the Client in full.

  In case of an error in the price quoted for the Products at the time of the order, should the quote price be significantly low in comparison to the correct price, we will contact you to give you the option to either maintain your order while paying the right price, or to cancel your order.

• ARTICLE 4: orders

  4.1. Placing an order

  To place an order on the Site, You must be at least 16 years-old, have the legal capacity to be bound by these T&Cs and hold a payment method as defined in article 4.1 below

  You will be guided to follow a series of straight-forward instructions featuring on the Site:

  1) Select a Product and add it to the shopping bag by clicking on [ADD TO BAG] located beside each Product shown; the validate the ”order click on the [SHOPPING BAG] icon at the top right-hand corner of the screen.

  The shopping cart shall then be displayed on screen, showing all the items it contains, the total price to be paid, as well as the product reference, picture and quantity of the Products you have selected, the total price of the order and an estimate of the delivery costs which shall be confirmed at the next step of the order, depending on the country of delivery selected by the Client.

  To see what items are contained in your shopping cart at any point in time, click on the [SHOPPING BAG] icon at the top right-hand corner of the screen. The shopping cart shall then be displayed on screen, showing all the items it contains, the total price to be paid, as well as the product reference, picture and quantity of the Products you have selected, the total price of the order and an estimate of the delivery costs which shall be confirmed at the next step of the order, depending on the country of delivery selected by the Client.

  You may modify your order at any time before payment. The sum total value of the order shall then be recalculated automatically.

  Finally, the Client may also select free samples or gifts, insert a promotional code, contact the customer service or subscribe to the newsletter.

  If You benefit from a promotional code, please insert it at this stage before validation of the order in the[ENTER PROMO CODE].

  Once the Client has finished selecting the Products, the Client may order them from the shopping bag by clicking on the [CHECKOUT] button. At this point, a new web page shall be displayed, prompting you to login to your account or to continue as a guest.

  2) At the next step, You will need to connect to your account or as a Guest and fill the order details:

  • delivery an invoicing address;
  • shipping options
  • payment method and details.

  You must provide an address to which deliveries may be made during working hours, Monday to Friday, as well as your full name and e-mail address.

  A summary of the order will then be displayed on the right-hand side of the screen, reiterating all the information concerning the order, including the type, quantity and the price of the Products, the sum total payable for the order (including delivery costs), your contact details, the delivery address and the billing address.

  The data recorded by NARS serves as evidence for all transactions between NARS and the Client.

  NARS shall not be liable for a failure to deliver in the event of erroneous or incomplete delivery information provided by the Customer.

  3) At the next step, You will be invited to check the summary of the order reiterating all the information concerning the order, including the type, quantity and the price of the Products, the sum total payable for the order (including delivery costs), your contact details, the delivery address and the billing address.

  You will be able to change the content of your order and/or your contact information either by using the browser's "Backspace" button or by clicking on the NARS logo at the top of the Site, then repeat the steps described above.

  Before clicking on the [PAY MY ORDER] button, Clients are prompted to read and accept these T&Cs by ticking the appropriate box.

  Before clicking on the [PAY MY ORDER] button, You will be prompted to read and accept these T&Cs by ticking the appropriate box.

  Once the Client accepts these T&Cs by ticking the box, and the clicks the [PAY MY ORDER] button, the Order Confirmation page shall be displayed. The data gathered by NARS shall be used as evidence for all the transactions performed by NARS and the Client.

  Please not that once the order and payment confirmed, You will no longer be able to modify or cancel your order, the sale will be final and shall be paid in full (subject to the Clients’ right to withdraw in keeping with the terms of article 6 of these T&Cs and Clients' statutory rights).

  Once the order has been confirmed and paid by Client, an order summary will be displayed on with the order number

  4.2. ORDER CONFIRMATION

  Once the order has been confirmed by the Client and the payment has been approved, an order confirmation email summarizing the details of the order and the order number will be sent to Client (the “Order Confirmation”).

  The total amount of the order (including any delivery costs) will be taken at the moment of shipment of the order. The Client shall thereupon receive an e-mail confirming the shipment of the order.

  The invoice will be available in the customer account on the Website and via the "Order status" section by entering the order number and the email address used when placing the order.

  I You need information regarding the status of you order, please log into your account to follow the order status or contact our Customer Service in case of problem.

  4.3 Order Evidence

  Clients are advised to register and keep their Order Confirmation and number, as well as these General Sales Terms for their records

  NARS and the Client hereby agree that the information contained in electronic messages sent by e-mail and in the automatic archiving systems used by the Site shall have evidential value between the Parties, for instance regarding the nature and the date of an order. In accordance with the standard rules of law, the Clients may access the electronic contract formed between them and NARS. To do so, they should contact our Customer Service, stating all the information needed for the procedure, and in particular their contact details and the order number.

  In general, NARS recommends that Clients keep a copy of all the e-mails concerning their orders. The Client is hereby informed that e-mails shall be sent to the e-mail address provided by the Client. NARS shall not be liable in case of a typing error in the e-mail address provided by the Client resulting in the Order Confirmation e-mail not being received.

• ARTICLE 5: TRANSFER OR RISKS

  NARS shall retain ownership of the Product(s) that are ordered until the Client shall have paid the full price thereof and all related costs, including the delivery costs.

  risks linked to the Products that are delivered (such as the risk of loss, theft or damage) shall be borne by the Client at the time the Client or a third party designated by the Client takes physical possession of the Products

• ARTICLE 6: PAYMENT

  6.1. Payment Methods

  Payment must be made immediately on the Site when placing the order, and will be debited at the time of shipment. Any other method of payment shall not be accepted

  Accepted payment methods (payment method may be updated at any time on the Site; we make our best efforts to update these T&Cs as soon as possible. Please refer to the FAQ section of the Site):

  Should a Client use a bank card tied to an account denominated in a currency other than the euro, the Client’s bank may charge currency conversion costs and bank costs, which shall have to be borne by the Client in full. Should the Client decide to return the Products, these costs shall not be refunded.

  1. Credit card (Visa, MasterCard, American Express),
  2. PayPal: select this payment method when placing your order, accept these General Terms and Conditions of Sale and click on "PAY". You will be automatically redirected to your PayPal account to complete your transaction. You will also be subject to the PayPal payment terms available on the payment provider's interface. Once your payment has been confirmed with Paypal, an order confirmation page will be displayed on our Site. A confirmation email will also be sent to you.

  Client undertakes to pay using only bank cards that it hold personally and that bear its name (family name and first name).

  Should a Client use a bank card tied to an account denominated in a currency other than the euro, Client’s bank may charge currency conversion costs and bank costs, which shall have to be borne by Client in full. Should Client decide to return the Products, these costs shall not be refunded.

  You hereby warrant to NARS that you hold all the requisite authorisations to use your chosen method of payment at the time of the approval of your order.

  NARS shall have the right to cancel an order which has not been paid in full and the Client shall be informed of this by e-mail.

  Client undertakes to pay using only bank cards that it hold personally and that bear its name (family name and first name).

  Should a Client use a bank card tied to an account denominated in a currency other than the euro, Client’s bank may charge currency conversion costs and bank costs, which shall have to be borne by Client in full. Should Client decide to return the Products, these costs shall not be refunded.

  You hereby warrant to NARS that you hold all the requisite authorisations to use your chosen method of payment at the time of the approval of your order.

  NARS shall have the right to cancel an order which has not been paid in full and the Client shall be informed of this by e-mail.

  6.2 SECURE TRANSACTIONS

  6.2.1 The order transaction shall be performed in conformity with all applicable banking security standards.

  NARS uses the secure payment platform called ADYEN. This service incorporates the SSL3.0 5 security standard (Confidential data is encrypted on the server and is not transmitted to the NARS computer server at any time).

  In order to ensure the security of payments by bank card on the Site, Client must disclose to NARS the security code (CVV) shown on the reverse of the bank card that it uses to pay for its order.

  The Client’s bank card shall then be debited after checking that their order meets all the terms of these T&Cs, and that the item(s) ordered are available, at the time when the order is shipped.

  6.2.2 As part of the ongoing campaign against fraud over the Internet, information concerning a Client’s order may be transmitted to any third party that is duly empowered by law to check the identity of the Client, the validity of the order, the payment method used and the planned delivery.

  In the event of fraudulent use of the Customer's card, the Customer is invited to contact our Customer service immediately after the use of the card.

  Pursuant to security checks, NARS reserves the right to request a photocopy of the identity card of the Client and/or proof of address, in order to check the identity of the holder of the card used for payment. Clients shall have a right to access, object, amend and delete their personal data that is held by NARS. Clients shall also have a right to restriction of the processing and data portability. To learn more about these rights and how to exercise them, please ready our [Privacy Policy ].

  Should the Client not respond to NARS’s request for additional information within fifteen (15) days, the suspicious credit card order shall immediately be cancelled, and the bank account that was debited at the time of placing the order shall be refunded as soon as possible.

• ARTICLE 7: DELIVERY AND RECEIPT

  7.1. DELIVERY TERMS AND costs

  The Products that are ordered may only be delivered in : Bulgaria, Cyprus (excluding Cyprus no UN buffer zone and Mount Athos), Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, Slovenia and Sweden.

  Once the order has been prepared, it will be dispatched to the postal address provided by the Client upon placing the order and mentioned on the Order Confirmation.

  An e-mail will be sent to the Client when the order is dispatched. Client ais advised to register or keep copy of this e-mail in order to track its order.

  You will have the possibility to monitor the progress of your delivery on the Site by clicking on the “My account” link at the top of the screen, and keying in the e-mail address and password that they provided at the time of placing the order, or through the “Order Status” link available at the bottom of each page of the Site.

  Delivery costs and timescales as of the dispatching of the order

  Delivery terms may be updated at any time. We make every effort to update these T&Cs as soon as possible. Please also refer to the FAQ section of the Site.

  	Standard delivery	Express delivery
  Preparation time	Order prepared within 24 to 48 hours*
  Delivery times (excluding preparation time)	Bulgaria: 6 days Czech Republic: 5 days Denmark: 5 days Estonia: 6 days Finland: 6 days Greece: 8 days Hungary: 5 days Latvia: 6 days Lithuania: 6 days Poland: 5 days Portugal: 4 days Romania: 6 days Slovakia: 5 days Slovenia: 5 days Sweden: 5 days	Bulgaria: 3-4 days Cyprus: 3-4 days Czech Republic: 3-4 days Denmark: 3 days Estonia : 5 days Finland : 3-4 days Greece : 3-4 days Hungary : 3-4 days Latvia : 3 days Lithuania : 3-4 days Malta: 3-4 days Poland: 3-4 days Portugal: 3-4 days Romania: 3-4 days Slovakia: 5 days Slovenia: 3-4 days Sweden: 3-4 days
  Delivery costs	9.95€ (free when you spend 150€ or above)	11.95€

   

  *Working day' means Monday through Friday, except bank or public holidays.

  * Average time frames. Please note that delivery times may be longer during busy periods.

  Given that the orders are delivered by a third party service provider, NARS hereby disclaims to the fullest extent permitted by law, all liability for the delayed performance or the improper performance of this obligation if this arises from the Client’s own fault or from the unpredictable or impossible to prevent acts of a third party to the contract or from force majeure.

  7.2 late delivery

  The Clients must inform NARS about any delay in the delivery of their orders as soon as possible by calling the Customer Service or by sending an e-mail to Contact Us form in order to enable NARS to take the requisite steps with the postal or courier services involved.

  No partial deliveries shall be performed.

  7.3 Reception

  Each delivery shall be deemed to have been performed once the Client or a third party designated by the Client has taken physical possession of the Product(s), with signature of the delivery note where available.

  It is the Client’s responsibility to check that the Products that are delivered comply with the order and are in good condition when they are received.

  In case of damaged or missing items, Clients must promptly notify their reservations (both quantitative and qualitative) fully and accurately to the carrier, on the carrier’s form where available, and providing a reasonable level of detail.

  In any case, the Client shall also promptly contact the Customer Service.

  Any claim raised in a way that does not comply with the requisite form, shall be rejected.

• ARTICLE 8: RIGHT TO WITHDRAW AND RETURN POLICY

  8.1. statutory right to withdraw

  In accordance with the provisions of Article L221-18 of the French Consumer Code, you have a cooling-off period to return the Product(s) ordered if they do not satisfy you (excluding products personalized, unsealed or opened or damaged in accordance with the legal provisions in force

  You can exercise your right of withdrawal under the following conditions

  1. Your decision to withdraw must be notified to us within a maximum period of (14) working days from the day of receipt of your order,
  2. The products must be returned within a maximum period of (14) working days from the notification of withdrawal, complete, new and unused, in perfect condition and in their original packaging.

  Products that have been personalised, unsealed, opened or damaged are not eligible for return in accordance with the legal provisions in force, in particular for hygiene reasons.

  You can notify your decision to withdraw:

  1. By following the online procedure described in Article 8.3 below,
  2. Or by an unambiguous written statement, or by using the DGCCRF form in appendix, preferably by email to contact@narscosmetics.eu, on the Contact Us form or to the address mentioned below. In this case, you will be responsible for the return shipping costs.

  8.2 cost of returning the PRODUCTs

  NARS offers You to bear the costs of returning the Products in respect of the withdrawal right if You choose the online return declaration and the return method proposed in Article 8.3 below.

  Any other method of return will be at the Client's sole expense, with the exception of returns within the framework of the implementation of legal guarantees. In any case, the order number must be indicated in the package for the proper processing of your return.

  8.3 Online declaration and return process

  As part of NARS' commercial policy, if you are not completely satisfied with your order, please be aware that you have 30 days after receipt of your order to return it to us by making your return request online.

  To do this, we invite you to create your return request from the information page of your order available in your customer account. If you placed your order as a guest, you can also access it via the "Order Status".

  1. Make an online return request by clicking on “Create a return” from the page detailing your initial order, accessible from your Client account. You can also click on “Order status” at the bottom of each page of the Site, if you do not have an account.
  2. Once the return is created, print the return form from the confirmation page and put it in your parcel. Please note that this form is necessary for the processing of your return. (Our teams will not be able to process returns where this form is missing or where the order number is missing).
  3. From the same page, print your prepaid return label
  4. Place the Products you wish to return in their original packaging where possible, or otherwise other suitable packaging and ensure that the parcel is correctly sealed and stick the prepaid return label on the parcel and ensure that no previous delivery label is still visible.
  5. Give the parcel to the Carrier follow online instruction.

  The order number must be indicated in the package for the proper processing of your return. You will be responsible for the return shipping costs if we do not use this prepaid label.

  Exclusions: the Product(s) have been unsealed or opened by the Client or the Product(s) personalised on request cannot be returned for hygiene reasons (which is particularly the case for cosmetic products) and will not be subject to any refund.

  Proof of Postage: Please ensure that you obtain proof of postage when you return the products to us. We advise you to keep your proof of postage in the unlikely event that we do not receive the returned package. We cannot accept any responsibility for products lost in transit.

  As soon as we have received the returned Products and after checking that they are in perfect condition, we will proceed with the refund of your purchase .

  If the returned Products do not meet the refund criteria described below, the refund will not be possible.

  8.4 Refund Process

  Subject to the satisfaction or the return conditions described above, You will be refunded the price paid in full (subject to any deduction the we are entitled to make as set out herein and in particular in the “Exclusions” section), including the cost of standard delivery. If the entire order is returned.

  Moneys will be refunded using the same method originally used by you to pay for your purchase and within fourteen (14) days maximum following our receipt of the returned Products or, if earlier, the day on which we receive evidence that you have returned the Product(s) to us.

  You will receive a notification from our Customer Service team by e-mail informing you about the completion of your refund.

  Our returns policy only applies to purchases made online on the Site. We are not able to accept returns of Products bought in a partner store.

• ARTICLE 9: STATUTORY WARRANTIES

  9.1 Legal Guarantee Of Conformity And Guarantee Against Hidden Defects

  For any purchase made on the Site, the Customer benefits from the legal guarantee of conformity (Articles L217-3 et seq. and Articles L. 224-25-12 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 to 1649 of the Civil Code), allowing the Client to return Products delivered as defective or non-compliant. In case of non-conformity, make-up product, defective product, please contact Customer Service, or send a message to contact@narscosmetics.eu.

  When acting under a legal guarantee of conformity within the meaning of Articles L217-3 et seq. and Articles L. 224-25-12 et seq. of the Consumer Code, the Client:
  - has a period of two years from the delivery of the property to take action;
  - may choose between repair or replacement of the goods, unless one of the methods entails a cost that is manifestly disproportionate to the other method taking into account the value of the goods or the extent of the defect, in which case the trader is required to choose the least expensive method;
  - is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the Product.

  The legal guarantee of conformity applies independently of any commercial guarantee granted.

  When the Client implements the warranty against hidden defects of the item sold within the meaning of Articles 1641 to 1649 of the Civil Code, the Client may choose between:

  1. Cancellation of the sale
  2. or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

  9.2 Disclaimer Of Warranties

  Products modified or repaired by the Customer as well as Products damaged due to misuse will not be covered by the warranties.

• ARTICLE 10: LIABILITY IN RELATION TO THE SITE

  NARS hereby disclaims liability for any inconvenience or damage arising from the Client’s use of the Internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses and unavailability of the Site due to maintenance operations, technical failures, force majeure events or any other circumstance beyond NARS’s control.

  NARS shall not be liable for non-substantial mistakes

  NARS shall not be liable if the customer service is unavailable due to events beyond NARS’s control, including in case of a technical failure, interruption of the telephone or internet networks, equipment failure etc.

  Without prejudice to the other dispositions of these T&Cs and in particular section 9 on Statutory Warranties, NARS shall only be liable in case of a proven fault attributable to NARS and shall in any case limited to direct damages.

• ARTICLE 11: CAPACITY

  All Clients must be at least 16 years old and have the capacity to be bound by these T&Cs to place an order on the Site.

• ARTICLE 12: PRIVACY

  NARS’s Privacy Policy, which is available on the Site, forms part of these T&Cs. The Privacy Policy describes how NARS processes the Client’s personal data it collects or which the Client provides when placing an order on the Site.

• ARTICLE 13: FORCE MAJEURE

  Neither Party shall be liable for the non-performance or improper performance of their obligations if this is due to an act of God or to the occurrence of an event constituting force majeure, as defined by case law, or for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control. Whichever Party is affected by these events must inform the other Party as soon as possible and in any event within five (5) working days following the occurrence of the event in question. The Parties shall consult one another as soon as possible in order to work out what to do about the order throughout the duration of the force majeure.

  Should the force majeure last for more than one (1) month, each Party shall be entitled to terminate the agreement by registered letter with acknowledgment of receipt sent to the other Party, and NARS will refund any moneys paid by the Client in connection with that order.

• ARTICLE 14: SEVERABILITY

  Should one or more of the provisions of these T&Cs be considered invalid or be declared as such in application of a law or a regulation, or pursuant to a final ruling by a court or authority that has jurisdiction, the other provisions shall remain fully valid.

• ARTICLE 15: LACK OF AN IMPLIED WAIVER

  If either you or we do not enforce any part of these T&Cs, that party is not prevented from enforcing that part of these T&Cs at any other time.

• ARTICLE 16: HEADINGS

  In case of differences of interpretation between any of the titles of the articles and chapters and any of the actual terms of these T&Cs, the titles shall be deemed to be null and void.

• ARTICLE 17: MAKING changes to these T&Cs

  NARS shall be entitled to modify these T&Cs at any point in time. Any new version of these T&Cs shall be announced in advance on the Site. The version that is published online on the Site shall always take precedence over all the other versions of these T&Cs. However, the applicable T&Cs are those accepted by the Client at the time of placing the order.

• ARTICLE 18: INTEGRAL NATURE OF THIS AGREEMENT

  These T&Cs and the order summary sent to the Client shall form a contractual whole comprising the entire agreement between the Parties.

• ARTICLE 19: LANGUAGE

  These T&Cs of the Site are here by drawn up in English. The content of the Site is accessible in English.

• ARTICLE 20: applicable law – settlement of disputes

  These T&Cs and the orders placed by the Clients shall be governed by French law.

  Any dispute which may arise related to their validity, interpretation, or execution and which has not been settled amicably by the parties shall be submitted to the Courts of Paris (France).

  A Client may also file a request for mediation on the European consumer disputes settlement platform, at the following address:

  https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

• ANEXO

  APPENDIX: DGCCRF WITHDRAWAL FORM

  (Please complete and return this form only if you wish to withdraw from the contract.)

  To the attention of

  BEAUTE INTERNATIONAL– SHISEIDO EMEA www.narscosmetics.eu
  56A rue du Faubourg Saint Honoré
  75008 PARIS

  Email: contact@narscosmetics.eu

  I/we (*) hereby notify you/our (*) withdrawal from the contract for the sale of goods (*)/for the provision of services (*) below:

  Ordered on (*) / received on (*):

  Name of the consumer(s):

  Address of the consumer(s):

  Signature of the consumer(s) (only in case of notification of this form on paper):

  Date:

  (*) Strike out the unnecessary wording.

Old TCS (Terms & Conditions of Sales) version:
09/08/2018 version.