La Mer UK - Website Terms of Use

La Mer UK - General Terms and Conditions for Online Product Sales

 

La Mer UK - Website Terms of Use

Date of Last Update: November 28th, 2017

Welcome to our La Mer UK website (the “La Mer UK Site” or the “Site”).

Estee Lauder Cosmetics Limited (“La Mer”, “we”, “us” or “our”) provides the services available on the Site to you subject to the following terms and conditions (the “Website Terms”).

Estee Lauder Cosmetics Limited’s address and registered office is One Fitzroy, 6 Mortimer Street, London, W1T 3JJ; registered in England and Wales with company registration number 659213; VAT registration number GB 193-0816-58.

Please read the following (along with our Privacy and Cookies Policy) carefully to understand our views and practices regarding your use of the Site. By visiting https://www.cremedelamer.co.uk/ you are accepting the Website Terms and accepting and consenting to the practices described in the Privacy and Cookies Policy.

Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.

  1. 1. Use of Our Site

    We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely.

  2. 2. Limited Licences

    In relation to all content available on the Site, including, but not limited to, text, graphics, logos, and buttons, we grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to:

    1. frame or utilise framing techniques to enclose the Site or any portion thereof;
    2. modify or download the Site or its contents (except caching or as necessary to view content);
    3. make any use of the Site or its Content other than personal use;
    4. create any derivative work based upon either the Site or its Content;
    5. collect account information for the benefit of another party;
    6. use any meta tags or any other “hidden text” utilising our name or the Trade Marks; or
    7. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

    We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site

    1. may link to, but not replicate, our Content;
    2. may not imply that we are endorsing such website or its services or products;
    3. may not misrepresent its relationship with us;
    4. may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
    5. may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
    6. may not use any Trade Mark without express written permission; and
    7. may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this clause 2 without prejudice to any other remedy provided by applicable law.
  3. 3. Your Obligations and Responsibilities

    In the access or use of the Site, you shall comply with these Website Terms and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Website Terms, if you default negligently or wilfully in any of the obligations set forth in these Website Terms (including our Privacy and Cookies Policy), you shall be liable for all the losses and damages that this may cause to us or our affiliates, partners or licensors.

  4. 4. Your Account

    You are responsible for ensuring that the personal information which you are required to provide when you register is true, accurate and current in all respects. See our Privacy and Cookies Policy regarding the treatment of your personal information.

    You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Services on 0800 054 2661 (See opening times here) or email infocdlm@cremedelamer.co.uk.

    Alternatively, you can update your details through “my account” page.

    You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Services on 0800 054 2661 (See opening times here) or email infocdlm@cremedelamer.co.uk.

    You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Website Terms or if we decide, in our sole discretion, that it would be in our best interests to do so.

  5. 5. Intellectual Property

    All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of us or our affiliates, partners or licensors, and is protected by copyright laws. The trade marks, logos, and service marks displayed on the Site (collectively, the “Trade Marks”) are the registered and unregistered marks of us or our affiliates, partners or licensors, and are protected by trade mark laws. All other Trade Marks not owned by us or our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

    Except as set forth in the limited licence in clause 2 above, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent

  6. We are not responsible for the content of any off-Site pages or any other sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other sites that you visit.

  7. 7. Submissions

    It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy and Cookies Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

    If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.

    When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under this clause 7. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing or otherwise making available on the Site User Content that

    1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. you do not have a right to make available under any law or under contractual or fiduciary relationships;
    3. is known by you to be false, inaccurate or misleading;
    4. you were compensated for granted any consideration by any third party; or
    5. infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”.

    You further agree not to

    1. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
    2. “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
    3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
    4. intentionally or unintentionally violate any applicable local, state, national or international law; or
    5. collect or store personally identifiable data about other users.

    We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site.

    You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Website Terms, we have the right to remove any User Content that violates these Website Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Website Terms or infringe the rights of others.

  8. 8. Representations and Warranties; Limitation of Liability (Relating to the Use of This Site)

    The provisions of this clause 8 relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site (including under the La Mer UK - General Terms and Conditions for Online Product Sales).

    The material displayed on our site is provided on an “as is” basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

    1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

      1. loss of income or revenue;
      2. loss of business;
      3. loss of profits or contracts;
      4. loss of anticipated savings;
      5. loss of data;
      6. loss of goodwill;
      7. wasted management or office time; and
      8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

  9. 9. Indemnification

    You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from any unauthorised use of the Site by you. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

  10. 10. Questions

    If you have any questions regarding these Website Terms please contact us by email at infocdlm@cremedelamer.co.uk or write to us at La Mer Online Customer Services, Constellation House, 3 Kite’s Croft Business Park, Warsash Road, Fareham, Hants, PO14 4FL.

  11. 11. Changes to Website Terms

    We reserve the right, in our sole discretion, to change the Website Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Website Terms. We may, with or without prior notice, terminate any of the rights granted by these Website Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

  12. 12. Non-Waiver

    No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under these terms and conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.

  13. 13. Law, Jurisdiction and Language

    This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed and construed in accordance with the laws of England and Wales. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

La Mer UK - General Terms and Conditions for Online Product Sales

Date of Last Update: November 28th, 2017

Welcome to our La Mer UK website (the “La Mer UK Site” or the “Site”).

By placing an order with Estee Lauder Cosmetics Limited (“La Mer”, “we”, “us” or “our”) for products which are sold on the Site (“Products”) you will be deemed to have read, understood and agreed to these Terms and Conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully and, if you are unhappy with any aspect of these, then you should contact one of our customer service advisors before placing an order with us.

We amend these Terms and Conditions from time to time. Please look at the top of these Terms and Conditions to see when these Terms and Conditions were last updated. Every time you order Products from us, the Terms and Conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these Terms and Conditions and this has a material impact on your 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.

  1. 1. About La Mer

    Estee Lauder Cosmetics Limited’s address and registered office is One Fitzroy, 6 Mortimer Street, London, W1T 3JJ; registered in England and Wales with company registration number 659213; VAT registration number GB 193-0816-58.

  2. 2. Other Policies

    The following additional policies (which can be accessed by clicking on the link below) also form part of these Terms and Conditions and should be read carefully before placing an order:

  3. 3. Our Contract with You

    We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this. We will confirm acceptance of your order by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) (“Contract”). If you require any information concerning your order please email us at infocdlm@cremedelamer.co.uk quoting your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a Product or pricing error if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.

    If you wish to make a change to the Products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (please see clause 5 below).

    A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.

    You own a Product once we have received payment in full.

  4. The Products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

    The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. The packaging of Products may also vary from that shown in images on our website.

    The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.

    You may only purchase Products from our site if you are at least 18 years old.

  5. 5. Cancellation Rights

    We hope that you are delighted with your order, however, because you are a consumer and have purchased your Product online, you have a legal right to cancel your Contract under the Consumer Contracts Regulations 2013 from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order) until the date which is 14 days after you receive the Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

    Your right to return goods does not apply to goods:

    1. made to your specification; or
    2. which have been clearly personalised (such as by being engraved); or
    3. which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or
    4. where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

    To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will email you to confirm we have received your cancellation. A copy of the cancellation form may also be included in hard copy form with your order packaging. In addition, you can contact our Customer Services Team on 0800 054 2661 (See opening times here) or by email at infocdlm@cremedelamer.co.uk. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation form by email or by post, then your cancellation is effective from the date you send us the email or post us the letter.

    If you cancel your Contract we will:

    • refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (or you can choose to have such goods returned to you within 14 days of our notification that we intend to make a deduction). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    • refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
    • make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
    • refund you on the credit card or debit card or other payment method used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers. You will receive email notification of your refund from our Customer Services Team.

    Exchanges.

    If you indicate in your cancellation request that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Product and the original Contract between us will be cancelled.

    If a Product has been dispatched to you or you have received them before you decide to cancel your Contract then:

    • then you must return it to us without undue delay (in the original product packaging if possible) and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
    • you can either send it back to us at La Mer Online Customer Services, Constellation House, 3 Kite’s Croft Business Park, Warsash Road, Fareham, Hants, PO14 4FL or return it to any La Mer store with your completed cancellation form (please note that online orders will not be able to be returned in store if you paid by Paypal);
    • when returning goods please obtain a proof of postage (we do not accept responsibility for goods lost in transit) and ensure that the parcel is adequately sealed;
    • customers wishing to return fragrance Products should have regard to any labelling and packaging guidelines produced by Royal Mail or any other courier that is used; and
    • unless the Product is faulty or not as described you will be responsible for the cost of returning the Product to us.

    If you cancel your order but do not send off such goods to us within 14 working days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.

    If you made your purchase through a partnered retail location, such as an airport or department store, then any return will need to be made in accordance with the returns/cancellation policy of the relevant retailer and should not be returned directly to us. Similarly, if you purchased products on the La Mer website or in a La Mer store, you must return them in accordance with the procedure outlined here and not directly to a partnered retail location.

  6. 6. Your Other Statutory Rights to Return Products under the Consumer Rights Act 2015

    Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights (which are summarised in general terms below) are not affected by your right of return and refund in clause 5 above or anything else in these Terms and Conditions or elsewhere on this Site.

    The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:

    • up to 30 days: if your goods are faulty, then you can get an immediate refund.
    • up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
    • after six months (depending on the type of Product): if your goods do not last a reasonable length of time you may be entitled to some money back.
  7. 7. Our Liability for Loss or Damage Suffered by You

    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. 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, for example, if you discussed it with us during the sales process.

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 6 and for defective Products under the Consumer Protection Act 1987.

    We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  8. 8. Transfer of Rights

    We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

  9. 9. Complaints

    In case of complaint about your online purchase, you may contact us by email at infocdlm@cremedelamer.co.uk or write to us at La Mer Online Customer Services, Constellation House, 3 Kite’s Croft Business Park, Warsash Road, Fareham, Hants, PO14 4FL.

  10. 10. Law and Disputes

    These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales and proceedings may be brought in relation to the matters set out herein in the courts of England and Wales.

    According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may refer disputes to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm

    Likewise, you may refer disputes related to the sale of the Product to the following Alternative Dispute Resolution entity:

    ADR Group
    160 Fleet Street
    London,
    EC4A 2DQ

     

    Email address: consumer-dispute@adrgroup.co.uk
    Website: https://www.consumer-dispute.co.uk
    Phone: 020 3600 5050