Terms / Conditions
This page tells you information about us and the legal terms and conditions on which we sell any of the cosmetics products from our Ayer website (the “Website”).
These Terms will apply to any contract between us for the online sale of Products to you on our Website (“Contract”) to the exclusion of all other documents. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
You should print a copy of these Terms or save them to your computer for future reference.
Harriet Hubbard Ayer Parfümerie & Kosmetik GmbH may update these General Conditions of Sale from time to time as set out in clause 8. Every time you order Products from Ayer, please check these Terms to ensure you understand the terms which will apply at that time which will apply to the contract between us.
These Terms and any Contract between us, are only in the English language.
The Website enables Harriet Hubbard Ayer to place the Products on sale to visitors of the Website (hereinafter the “you” or “your”).
All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sale, without said acceptance being contingent on you providing a hand-written signature. In accordance with the provisions of Regulations 9 and 11 of The Electronic Commerce (EC Directive) Regulations 2002 which govern the formation of electronic contracts in the United Kingdom, the recording and validation of the order form, as specified in Clause 6 (“Placing an Order”) below, constitutes the placing of an order between us for the purchase of the ordered Products.
1. INFORMATION ABOUT US
1.1. The Website is an e-commerce website that is accessible via the internet at www.ayer-cosmetics.com It is produced by Harriet Hubbard Ayer (“Harriet Hubbard Ayer ”, “we”, “us” or “our”), a company with registered number 271555. Harriet Hubbard Ayer’s registered office and our main trading address is located at
Schaidlerstr. 9, 81379 München in Germany. Our VAT number is DE143/144/30477
1.2. Contacting us:
a) If you wish to contact us for information or general queries relating to our products or because you have any complaints, you can contact us by telephoning our Customer Services team on +49 (0)89 – 724 48 390 or by emailing us here. If you are emailing us or writing to us please include details of your order to help us to identify it, including your order reference number.
b) If we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide to us in your order.
2. USE OF OUR WESBITE
2.1. You may only purchase Products from our Website if you are at least 18 years old.
3. INTERNATIONAL DELIVERY
3.1. We only deliver to addresses outside of Germany. The goods are shipped from our warehouse to the delivery address you have mentioned. For deliveries within the European Community the delivery is free on orders over 69 Euro. Under this amount we charge a transportation fee of 6,90 Euro.
3.2. For shipments to overseas and to outside the European Community the tranportation fee amounts Euro 14,90 on order over 250 Euro. On orders under 250 € the tranportation fee amounts Euro 14,90.
3.3. We are entitled to do partial shipments. In that case we bear the additional transportation costs. We deliver to the address mentioned by you when ordering. The goods travel at the seller’s risk, only upon delivery the risk is transferred to the buyer.
4. OUR PRODUCTS
4.1. The Products Harriet Hubbard Ayer offers for sale on the Website are intended for your personal use, in no direct relation to your professional activity. In this respect, you should note that your order must not exceed a total of £500.00. Moreover, you may only order a maximum of four (4) products with the same reference during a single sale and over a period of one (1) month. If the order exceeds the aforementioned amount and/or number, the order shall be deemed invalid.
4.2. The Products Harriet Hubbard Ayer offers for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock and subject to these Terms, and under the following restrictions: due to transportation constraints, aerosols are not available for sale; products containing alcohol are limited to a volume of 200ml per parcel.
4.3. The images of the Products on our Website are for illustrative purposes only.
4.4. While every effort is made to ensure that the shade of the Lancôme Beauty products for which photos are displayed on www.ayer-cosmetics.com is an accurate representation of the original products, variations may occur, in particular due to technical limitations in reproducing colour using information technology. The images that illustrate the Products do not fall within the scope of the Contract and Harriet Hubbard Ayer may not be held liable for errors or inaccuracies in photographs or graphics showing Lancôme products that are presented on www.ayer-cosmetics.com
4.5. The packaging of the Products may vary from that shown on images on our Website.
4.6. Product Availability:
Products are offered subject to availability. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website, we will not process your order.
If you have already paid for the Product, we will refund you the full amount of the Product as soon as possible. If none of the items ordered are available we will also refund any delivery costs charged as soon as possible.
4.7. No substitute product will be sent to replace the unavailable product.
4.8. Harriet Hubbard Ayer may not be held liable if Products are out of stock or unavailable.
4.9. Retention of title and risk:
The Products ordered shall remain the property of Harriet Hubbard Ayer until full receipt of the price by Harriet Hubbard Ayer including all applicable delivery charges. If there is a payment incident or in the event of incomplete or partial payment, you undertake, at your cost, to return the Products received to Harriet Hubbard Ayer at our first request.
On the effective date of delivery, the risks (in particular of theft or damage) concerning the Products delivered are transferred to you.
4.10. Samples and gift packaging:
Any samples provided by Harriet Hubbard Ayer for you to try are for your personal use only. 4.11. Any gift packaging and gift messages options are subject to availability. You are entirely responsible and liable for any personal gift card message sent with any of the Products. Harriet Hubbard Ayer shall not be responsible for any content on message that you send through the Website. You agree not to send personal gift card messages with content that is threatening, embarrassing, abusive, harassing, obscene, hateful or otherwise inappropriate.
5. PRICES AND PAYMENT
5.1. The prices of the Products are given in Euros. We use our best efforts to ensure that the prices of the Products are correct at the time of completing an order. However, please see Clause 5.6 for what happens if we discover an error in the price of the Product(s) you ordered.
5.2. The price of a Product includes VAT at the applicable rate chargeable in the country on the date of the order. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.3. The price invoiced to you is the price stated on the Dispatch Confirmation sent via e-mail by Harriet Hubbard Ayer.
5.4. The prices given do not include the delivery costs, which will be invoiced in addition and specified to you before the order is confirmed and when the order is definitively validated.
5.5. You accept Harriet Hubbard Ayer's right to modify its prices at any time, however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
5.6. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect price.
All payments must be made immediately over the Internet. Unless the server is unavailable, you may pay with a credit or debit card. Visa, MasterCard and Maestro cards are accepted.
You will need to enter:
- the card number,
- the expiry date,
- the name of cardholder,
- the 3-digit safety code on back of card (Visa and MasterCard only).
Banking transactions will be carried out in a secure manner by the Cybersource Internet Payment banking group.
Harriet Hubbard Ayer reserves the right to refuse all orders or deliveries if the limits stated in Clause 4.1 above are exceeded, if there is an existing dispute with you, in the event of total or partial failure to pay for a previous order by you, if credit/debit card payment authorisation is refused by the banking organisations, or in the event of total or partial failure to pay.
As part of the fight against online fraud, information concerning orders will be checked by Harriet Hubbard Ayer's designated payment partner: Cybersource Internet Payment banking group.
6. PLACING AN ORDER
6.1. You may freely consult the various pages of the Website, with no commitment to order.
6.2. If you wish to place an order, you need to choose the various Products that are of interest, and confirm said interest by clicking on the "Add to Shopping Bag" button.
Each additional item added to the basket will be shown by the appearance of a specific screen.
You may at any time:
• obtain a summary of the Products you have selected or modify your order, by clicking on the button "My Cart", which
is accessible on the top right of each page;
• continue to select Products by clicking on "Continue shopping";
• complete your selection of Products and order them by clicking on “Checkout”.
You then have to identify yourself either by:
• entering your e-mail address and password, if you are a registered member on the Website; or
• accurately filling out the form provided, which contains information needed to identify you, including your surname, first name and postal address.
You are then informed and accept that entering a user name constitutes proof of your identity and evidences your consent.
Once you have identified yourself, an order form appears on screen, which summarises: the type, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, payment arrangements, delivery arrangements, estimated delivery time, your details and the delivery address for the Products.
6.3. Definitive validation of orders:
After the input of credit/ debit card information on the secure pages of Harriet Hubbard Ayer's designated payment partner: the Cybersource Internet Payment group, the order can then be validated by you.
Orders are validated and you will be bound by the order once you have clicked the button labelled “Pay Now” to acknowledge that the placing of the order implies an obligation from you to pay.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1. Our shopping pages will guide you through the steps you need to take to place an order with us, as set out above. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2. Once you have validated your order and payment, an order acknowledgement is displayed bearing an order number. This acknowledgement is sent to Purchasers in the order acknowledgement e-mail detailing the products ordered. Please note that this does not mean the order has been accepted. Harriet Hubbard Ayer’s acceptance of your order will take place as described in clause 7.3 below.
7.3. We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
Said Dispatch Confirmation includes all the components of the contract formed between us, including these General Conditions of Sale, the goods ordered, payment arrangements, the total price of Product(s) inclusive of taxes, delivery arrangements, estimated delivery time and applicable delivery charges, information regarding your right to cancel your order and the geographical place of business and contact details of Harriet Hubbard Ayer should you have any questions concerning your order. You are advised also to keep a copy (electronic or printed) of the information concerning your order.
7.4. The data recorded by the Website constitutes proof of all the transactions concluded between Harriet Hubbard Ayer and you. In the event of a dispute between Harriet Hubbard Ayer and you on a transaction carried out on the Website, the data recorded by Harriet Hubbard Ayer shall be deemed irrefutable proof of the contents of the transaction.
8. OUR RIGHT TO VARY THESE TERMS
8.1. Harriet Hubbard Ayer may update these General Conditions of Sale from time to time. Every time you order Products from Harriet Hubbard Ayer, please check these Terms to ensure you understand the terms which will apply at that time which will apply to the Contract between us.
8.2. If we have to revise these Terms as they apply to 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. You may cancel either in respect of all of affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid including any delivery charges and the cost of returning the Product(s) to us, subject to clause 10.
9.1. Orders are prepared by the logistics centre located in Harriet Hubbard Ayer, Schaidlerstrasse 9, 81379 Munich, in Germany, then dispatched by the carrier nominated by Harriet Hubbard Ayer (DHL). The estimated delivery date will be included in the Dispatch Confirmation sent to you. The estimated delivery times set out in the table below are from the date on which you place your order. Please note that the delivery time quoted is an estimate only.
If order is placed before 12pm on a working day. If order is placed after 12pm or on any non-working day then estimated delivery will take an extra working day.
** If order is placed before 12pm on Friday and that Friday is a working day. If order is placed after this time then estimated delivery will be on the second Saturday.
*** Delivery costs will be displayed on the checkout page of the Website.
9.2. The Products ordered by you will be delivered to the address stated by you on the order form. You undertake to supply the exact address of your permanent address when placing your order for the Products.
If no one is available to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery on +49 (0)89 – 724 48 390
9.3. Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.4. You own the Products once we have received payment in full, including all applicable delivery charges.
9.5. Delivery problems:
Harriet Hubbard Ayer will not be liable or responsible if your delivery is affected by an Event Outside Our Control (see clause 13) including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the Products ordered. If a delivery is late, you must inform the Ayer’s customer service department as soon as possible, by e-mail sent to Harriet Hubbard Ayer shall then contact its chosen carrier in order to initiate an enquiry: here. Enquiries may take some time.
Orders should in any event be delivered at the latest thirty (30) days after the day on which you receive a Dispatch Confirmation email from us.
9.6. Upon receipt of Products ordered, you must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by you on the form presented to you when the parcel is delivered and must be notified to the Ayer’s customer service department, on the returns form provided or by e-mail sent E-mail, specifying which product does not match the order.
9.7. If we miss the estimated delivery time for any Products then you may cancel your order immediately if any of the following apply:
a) we have refused to deliver the Products;
b) delivery within the estimated delivery time was essential (taking into account all the relevant circumstances); and
c) you communicated this to us before we accepted your order.
9.9. If you do choose to cancel your order for late delivery under Clause 9.7 or Clause 9.8, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will pay the reasonable costs of this, subject to inclusion of an applicable returns delivery receipt. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. OUR LIABILITY
10.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
10.2. We only supply the Products for domestic and private use. You agree not to use the Product 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.
10.3. We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 13.2.
11.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes of all natures, lock-outs or other industrial action by third parties, civil commotion, riot, insurrection, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, severe disturbance in the security of the internet, technical failures, unauthorised access and/or intrusions into the Website’s servers, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
12. OTHER IMPORTANT TERMS
12.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2. You may only transfer your rights or you obligations under these Terms to another person if we agree in writing.
12.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. If one or more stipulations of these Terms is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope
12.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.5. These Terms and the Dispatch Confirmation sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
12.6. In the event of a contradiction between these documents, these Terms shall prevail.
12.7. These Terms and the contractual relations between Harriet Hubbard Ayer and you shall be governed by the laws of England and Wales. This means a contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. The parties agree that the courts of England and Wales will have exclusive jurisdiction.
12.8. You have an issue ? Please visite: http://ec.europa.eu/consumers/odr/ . ODR is the abbreviation of Online Dispute Resolution. This internet platform was created by the European Commission for the settlement of disputes arising from e-commerce. The whole out-of-court dispute resolution processes takes place on the internet, which means that long and expensive trials are avoided and that the European consumer’s trust in cross-border shopping is strengthened.