1. SCOPE

1.1. These general terms and conditions of online sale (the General Conditions) apply to all online sales of “Clive Christian” brand products (the Products) made by Clive Christian Perfume Limited, with registered office at 3rd Floor, 32 Brook Street, Mayfair, London, W1K 5DH, United Kingdom, registration number in the Companies House of England and Wales 3538453, VAT number GB189079161 (the Seller), via the e-commerce platform on its website www.clivechristian.com (the Website).

1.2. The Products are intended to be sold via the Website only to consumers, i.e., natural persons who are acting outside their trade, business, craft or profession (the Consumers or, individually, the Consumer) (the Seller and each Consumer shall also be referred to individually as Party and jointly as the Parties). To purchase the Products via the Website, Consumers must be aged at least 18 and have legal capacity. Each Consumer by submitting an order via the Website represents and warrants to have the requirements referred to in this paragraph. 

1.3. The Seller reserves the right to amend or update, in full or in part, these General Conditions at any time, at its own discretion, without being liable to provide any notice to Website’s users. Any changes to the General Conditions shall come into force from the date on which they are published on the Website, and, therefore, the applicable General Conditions will be those published on the Website at the time of submission of an order for the Products. The Consumer must check these General Conditions each time the Consumer places an order for Products on the Website.

1.4. Upon submission of an order for the Products via the Website, the Consumers agree that a copy of the order confirmation and these General Conditions (together, the “sales contract”) will be sent to the e-mail address provided by the Consumer during the Website’s registration process or purchase procedure. 

1.5. The Website deals in retail sales and as such is designed for use by Consumers only. Considering the above, only Consumers are permitted to submit orders via the Website. Without prejudice to the above, in case of sales of the Products via the Website to purchasers that are not Consumers (the Business Customers or, individually, the Business Customer), these General Conditions shall apply to all sales with Business Customers provided that:

(a) the warranty referred to in paragraph 8 shall not apply to these Business Customers;

(b) the cancellation right referred to in paragraph 9 shall not apply to these Business Customers;

(c) no other provisions in favour of the Consumers that reflect or comply with binding provisions of the law shall apply to these Business Customers;

(d) subject to paragraph 1.6 the Seller shall not be liable to these Business Customers, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between a Business Customer and the Seller; and the Seller’s total liability to each Business Customer for all other losses arising under or in connection with any sales contract between the Seller and a Business Customer on the basis of these General Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by the Business Customer for the Products under the relevant sales contract;

(e) the sales contract shall be governed by the laws of England and Wales, with express exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980; and

(f) for any dispute between the Seller and any Business Customer relating to the validity, performance, construction or interpretation of the relevant sales contract, the Courts of England and Wales shall have exclusive jurisdiction.

Nothing in these General Conditions shall limit or exclude Seller’s liability for:

(a) death or personal injury caused by Seller’s negligence, or the negligence of Seller’s employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; 

(d) defective products under the Consumer Protection Act 1987; or

(e) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

2. PRODUCTS AND AVAILABILITY IN THE VARIOUS GEOGRAPHICAL AREAS

2.1. The Products sold by the Seller via the Website are those viewable and described on the Website, which are available at the time of confirmation by the Seller of the Consumer’s order. The Products sold via the Website, their characteristics and sales prices may be subject to changes and updates by the Seller without notice to the Website’s users. Such changes and updates are only applicable to orders for Products which have not yet been confirmed when these changes and updates come into effect by publication on the Website. Considering the above, the Consumers are advised to check, in particular, the final characteristics and sales prices for Products before submitting the order pursuant to paragraph 3.5 below.

2.2. The Website may be accessed from all over the world. However, the Products may only be purchased via the Website by a Consumer who requests delivery of the Products to one of the countries listed on the Website as available for delivery.

3. SELECTION OF THE PRODUCTS AND PURCHASING PROCEDURE

3.1. To proceed with the purchase of the Products via the Website, a Consumer shall firstly select the Products that they intend to purchase by adding them to a virtual shopping cart.

3.2. Once selection of the Products is complete, to submit the order to the Seller, the Consumer may alternatively: (i) register with the Website providing all requested details; (ii) login to its account in case the Consumer is already registered with the Website; or (iii) proceed without registering with the Website, providing all requested details to complete the order. If the details provided by the Consumer to complete an order are different from those provided during the Website registration phase, the Consumer will be asked to confirm such details. Consumers are responsible for making sure that all data and information provided during the registration and/or purchase phase are complete, correct and true.

3.3. To complete an order for the Products, a Consumer shall follow the instructions popping up from time to time on the Website and that will guide the Consumer during the different purchase phases. In this regard, the Consumer will be asked to select a shipping method and a payment method from the choices made available. The Seller will charge the purchase price of the Products as set out in the Consumer’s order to the Consumer on completion of the order. The Seller will send an order confirmation email following receipt of payment from the Consumer in respect of each order. Please see paragraph 7 (Payments) for further information about payment methods. The Seller reserves the right to check the personal details provided by Consumers during the purchase process for accounting and administration purposes.

3.4. Once an order for the Products has been fully filled in, the Consumer will be shown a summary of the order to be processed that the Consumer is required to check carefully to detect any error made when filling in the order. At this point, the Consumer is also required to carefully read and expressly accept - by ticking the relative check box - these General Conditions. The Consumers expressly acknowledge that the failure to (i) provide any data or information requested for the purposes of submitting the order to the Seller via the Website, and/or (ii) accept the General Conditions, will prevent the submission of the relevant order by the Consumer and means that the Seller may not be able to process the Consumer’s order.

3.5. Once the Consumer has checked all the information inserted for the purposes of the order and accepted these General Conditions, the Consumer may proceed with the telematic submission of the order by pressing the “Place Order” button. By pressing such button, the Consumer sends the order to the Seller. 
 

4. CONCLUSION OF EACH SALES CONTRACT

4.1. The Consumer’s sales contract is concluded when the Seller receives payment in full of the purchase price of the Products as set out in the relevant order. The Seller will send an order confirmation e-mail to the Consumer confirming that the Seller has received the Consumer’s payment and accepted the Consumer’s order. The confirmation email shall be sent to the address provided during the Website registration process or the purchase process (if the Consumer has not registered with the Website) including a copy of  these General Conditions, a summary of the placed order (including a detailed list of the prices, shipping costs and applicable duties), and a description of the purchased Products.

4.2. Please note that the Consumer’s order, the Seller's order confirmation and the General Conditions applicable to the sales contract entered into between the Parties will be filed electronically by the Seller's IT systems and the Consumer may request a copy of this documentation by sending an e-mail to the Seller at customercare@clivechristian.com.

5. DELIVERY AND ACCEPTANCE OF THE PRODUCT

5.1. The Seller delivers the Products purchased by Consumers via the Website (i) according to these General Conditions and the shipment method chosen by each Consumer when the order was placed, (ii) to the delivery address indicated by the Consumer in an order and (iii) through a carrier appointed by the Seller. The Seller will provide to the Consumer the information and date of the delivery and the carrier appointed for the delivery of the Products, and if available, a link to track delivery to check delivery times. Please read the Seller’s shipping & payment document for further details on specifics of shipping times.

5.2. Whilst the Website generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and is not binding on the Seller. The Seller shall take reasonable steps to make sure that the Products are delivered to the Consumer’s chosen delivery address within the delivery dates/times set out on the order confirmation email, and, in any event, to deliver the ordered Products to the Consumer within a maximum of 30 (thirty) days from the day after the order confirmation email is sent to the Consumer. If the order cannot be reasonably processed by the Seller following providing the Consumer with an order confirmation email, as the Products ordered by the Consumer are not available, even temporarily, for delivery, the Seller shall promptly notify the Consumer in writing and refund the amount already paid by the Consumer, if any, as illustrated in more detail in paragraph 5.5 below. 

5.3. In case of delivery delays, Consumers are invited to contact the Seller's customer service by email to customercare@clivechristian.com or the appointed carrier directly to ascertain the reasons for the delay. The Seller shall not be held liable for any errors and/or delays in the delivery of the Products due to causes not attributable to the Seller itself, including but not limited to actions or omissions of third parties, including the Consumer and the carrier appointed for the delivery, and/or any other events outside of Seller’s control. 

5.4. If the supply of the Products is delayed by an event outside of Seller’s control, the Seller will contact the Consumer as soon as possible to let the Consumer know and do what the Seller can to reduce the delay. As long as the Seller does this, the Seller won't compensate the Consumer for the delay, but if the delay is likely to be substantial the Consumer can contact Seller’s customer service team at customercare@clivechristian.com to end the sales contract and receive a refund for any Products the Consumer have paid for, but not received.

5.5. If the Consumer thinks there is something wrong with their Products, the Consumer must notify the Seller in accordance with paragraph 8 below and the Seller’s return and refund policy and let the Seller know what is wrong with the Product, for example if there is something wrong with the Product itself or if there is any discrepancy between the placed order and the Products actually received.  If the packaging or boxing of the Products ordered by the Consumer is visibly damaged, the Consumer may refuse to accept the delivery from the carrier/courier and make a written request to the Seller either that a replacement Product is sent or that a refund is issued.

6. PRICES, SHIPPING COSTS,CUSTOMS DUTIES AND TAXES

6.1. The sale prices of the Products are those indicated on the Website at the time the order is placed by the Consumer. Such prices are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the sale price for the Products which is viewable on the Website.

6.2. The total price to be paid to the Seller for the purchase of Products will be communicated to the Consumer during the purchasing procedure and, in any case, before the submission of the order by the Consumer (the Total Price). The Total Price will be also indicated in the order confirmation sent via e-mail by the Seller to the Consumer according to paragraph 4.1.

6.3. If the purchased Products are to be delivered to a country outside of the United Kingdom or the European Union, the Total Price, including indirect taxes, will be net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to such Total Price, as required by the laws in force in the country to which the Products will be delivered. For further information on any duties or taxes applicable in the country of residence of the Consumer or destination of the Products, it is the Consumer’s responsibility to check with the relevant authorities in their country of residence or destination of Products.

6.4. All additional costs, charges, taxes and/or duties payable as a result of any Products being delivered to any country outside of the United Kingdom or the European Union, will be the sole responsibility of the Consumer and paid for on top of the Total Price (International Delivery Costs).

6.5. In case of announcements of Products’ sale prices reduction, the Seller will indicate the lowest price applied to such Products during the 30 days prior to the application of the price reduction.

7. PAYMENTS

7.1. Purchases made via the Website can be paid for by credit card, debit card, Pay Pal or Shop Pay.

7.2. When payments for Products are made by credit card or debit card or via any third party payment provider (such as PayPal), the Consumer will be transferred to a secure site and the relevant payment information will be communicated directly to the applicable third party payment provider, and in the case of payment via debit or credit card, would be Shopify International Limited, with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279, VAT number IE 3347697KH the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.

7.3. The invoice/tax records relating to Products purchased via the Website will be provided to the Consumer in electronic format to the e-mail address provided by the Consumer during the registration process or in paper format together with the delivered Products, as the case may be.


 

 8. WARRANTY, REPORTING NON-CONFORMING PRODUCTS AND REMEDIES

8.1. For a period of 2 (two) years from the date on which the purchased Products have been delivered to the Consumer, the Seller warrants that such Products shall comply with the requirements agreed between the Parties in the sales contract entered into under paragraph 4.1, and, in particular, that these Products (i) are of the description, type, quantity and quality, and possess the functionality and other features, as required by the sales contract, (ii) possess the qualities and features described in the Website at the time the order was placed, as well as those which are normal for goods of the same type, (iii) are suitable for the use for which goods of the same type are normally used, and (iv) are supplied to the Consumer with the accessories and instructions that the Consumer can reasonably expect to receive. The Seller shall not be liable and such warranty shall not operate for any lack of conformity of the Products resulting, even indirectly, from causes not attributable to the Seller, including but not limited to in case the Products have not been used in accordance with the instructions/warnings provided by the Seller (together, the Warranty).

8.2. If the Product does not conform with the Warranty (e.g., the Product is damage or is incorrect), the Consumer must inform the Seller by submitting a return request to the Seller within 2 (two) years from the date on which the Product has been delivered (the Return Request) following the instructions referred to in the following link: https://www.clivechristian.com/pages/returnsexchange. In the Return Request the Consumer must clearly indicate why there is something wrong with the Products and therefore why it does not conform with the Warranty, and provide all other requested information from the Seller, including but not limited to at least 1 (one) photograph of the Products showing that the Products do not conform with the Warranty/what is wrong with the Products.

8.3. Upon receipt of the Return Request, the Seller will assess the non-conformity of the Products reported by the Consumer. In the event the Seller grants authorization for the Products to be returned, the Seller will send to the Consumer an e-mail, to the address provided by the Consumer when registering with the Website or placing the order, with all information needed to return the Products, including the return label. Such e-mail and the Seller’s authorization to return the Products, under no circumstances, can be interpreted as acceptance by the Seller of the alleged lacks of conformity of the Products or Seller’s liability under this paragraph 8. The Products that the Seller has authorized to be returned shall be shipped by the Consumer (i) within 15 (fifteen) days from the receipt by the Consumer of the above return authorization e-mail and (ii) to the address of the Seller’s warehouse indicated in the Seller’s e-mail.

8.4. In case of final confirmation by the Seller of the non-conformity of the returned Products, the Consumer shall be entitled to have them repaired or replaced within 30 (thirty) days from the receipt by the Seller of the Return Request, at care and expenses of the Seller, unless the remedy chosen by the Consumer would be impossible or, compared to the other remedy, would impose costs on the Seller that would be disproportionate, taking into account all circumstances. The Seller may refuse to bring the Products into conformity if repair and replacement are impossible or would impose costs on the Seller that would be disproportionate, taking into account all circumstances. In which case, provided that the Consumer has submitted an Return Request within 6 months from the date on which the Product has been delivered, if the Products cannot be repaired or replaced, then the Consumer is entitled to a full refund.

8.5. The Consumer shall be entitled to either a proportionate reduction of the price paid for the Products or the termination of the sales contract entered into with the Seller and a full refund of the Products, at the sole reasonable discretion of the Seller itself, only if: (i) the Products could not be repaired or replaced; (ii) a lack of conformity appears despite the Seller having attempted to bring the Products into conformity; (iii) the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract (and entitlement to a full refund); or (iv) the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the Products into conformity within a reasonable time, or without significant inconvenience for the Consumer. If the Seller has to refund the Consumer part of or the entire Products’ price,  the refund will be made by the Seller within a reasonable time and, where possible, using the same payment method used by the Consumer to purchase such Products, or by bank transfer to the bank details that the Consumer will send to the Seller via e-mail to the address customercare@clivechristian.com.

8.6. The warranty period above does not stop the Consumer from making an Return Request for up to 6 years from the date of delivery of the Product if the Product has not lasted a reasonable length of time, as the Consumer may be entitled to some money back. The Supplier shall review the Consumer’s Return Request in accordance with the terms of paragraph 8.5.

8.7. The Seller will not compensate Consumers for all losses caused by the Seller or its Products. The Seller is responsible for losses that a Consumer suffers caused by the Seller breaking the sales contract with the Consumer under these General Conditions unless the loss is:

(a) Unexpected. It was not obvious that it would happen and the Consumer has not informed the Seller before the Seller accepted the Consumer’s order and sent an order confirmation email to the Consumer (so, in the law, the loss was unforeseeable).

(b) Caused by a delaying event outside of the Seller’s control. As long as the Seller has taken the steps set out in paragraph 5.4.

(c) Avoidable. Something the Consumer could have avoided by taking reasonable action, including following the Seller’s reasonable instructions for use.

8.8. LIMITATION OF SELLER’S LIABILITY. Subject to the above terms and to paragraph 8.9, the Seller’s total liability to each Consumer in respect of any claim arising out of or in connection with the sales contract between the Seller and the Consumer under these General Conditions, and whether arising in contract, negligence or otherwise, is limited to the price of the Products.

8.9. Nothing in these General Conditions is intended to limit or exclude the Seller’s or the Consumer’s liability for:

(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; 
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter which the Seller is not permitted by law to exclude or limit, or to attempt to exclude or limit, liability.

9. CANCELLATION OF THE SALES CONTRACT

9.1. The Consumer shall have the right to cancel the sales contract entered into with the Seller according to paragraph 4.1, without incurring any charge, within 14 (fourteen) days after (i) the day on which the Products have been delivered to the Consumer, or (ii) if the Products ordered through one order have been delivered separately, from the date after the last Product has been received by the Consumer.

9.2. To exercise the cancellation right, the Consumer, before the end the deadlines indicated in paragraph 9.1 above, shall submit an explicit declaration of their intention to exercise the right of cancellation to the Seller following the instructions referred to in the following link https://www.clivechristian.com/pages/returns-exchange (the Cancellation Communication).

9.3. Upon submission of the Cancellation Communication, the Consumer will receive from the Seller all information needed to proceed with returning the Products, including but not limited to the address of the Seller’s warehouse to which the Products have to be shipped by the Consumer and the return label.

9.4. The Consumer is required to return the Products to the Seller within and no later than 14 days from the date on which the Consumer has sent the Cancellation Communication. The Consumer shall be responsible for the direct risks of returning the Products, as well as for the delivery costs incurred by the Consumer to return the Products.

9.5. Other than in respect of International Delivery Costs and non-standard delivery costs (the Seller will only refund standard delivery costs), the Seller will refund the Consumer all payments made for the purchase of the Products if the Consumer has returned the Products within 14 days of the date the Consumer sent the Cancellation Communication. Such refunds shall be made (a) no later than (i) 14 days after the day the Seller receives back from the Consumer any Products supplied, or (ii) (if earlier) 14 days after the day the Consumer provides evidence that they have returned the Products, and (b) where possible, using the same means of payment used by the Consumer for the order, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means.

9.6. The Seller will reduce the refund of the Product if the Consumer has diminished the value of the Products resulting from any unnecessary handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products themselves. Therefore, if the returned Products are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the Products), unaccompanied by the instructions/notes/manuals supplied, not contained in their original packaging and packing, the Seller may reduce the amount of the refund equal to the reduced value of the Products, to compensate the Seller accordingly. To this purpose, the Consumer is invited not to handle the Products other than as strictly necessary to establish their nature, characteristics and functioning, and to use for returning the Products their original packaging and any further protective packaging that will keep them intact and protect from writing or labels.

9.7. In case of purchase by the Consumer via the Website of sealed Products, which are unsuited to be returned for hygienic or health protection reasons, the right of cancellation pursuant to this paragraph 9 is excluded if these Products have been opened after the delivery. Therefore, in relation to these Products that have been sealed for health and/or hygiene purposes, the Consumer may only cancel the sales contract with the Seller and return the Products  if the returned Products and their packaging are still sealed.

9.8. A Consumer may also not change their mind, and shall have no right to cancel the sales contract with the Seller for an order if:

(a) a Product has been made to the Consumer’s specifications or is otherwise clearly personalized; and
(b) a Product (or Products) have become mixed inseparably with other items after delivery.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. Consumers expressly acknowledges and agree that (i) all intellectual and industrial property rights in and to the Products;  as well as (ii) any names, images, photographs, written text, graphics or content of the Website, including the Website’s domain name, are and remain the exclusive property of the Seller, or any other company part of the group of companies to which the Seller belongs to, as the case may be, and do not transfer to the Consumer as a result of the purchase of the Products and/or access to the Website.

11. PROTECTION OF CONSUMER PERSONAL DATA 

11.1. To proceed with the registration process, the placement of orders for Products and the conclusion of the sales contract under these General Conditions, the Consumer is required to provide certain personal data. The Consumer hereby acknowledges that the personal data provided via the Website and the order process will be recorded and processed by the Seller in accordance with UK data protection legislation.

11.2. It is the Consumer’s responsibility to make sure that the personal data provided to the Seller during the registration process and/or purchasing procedure is up to date, complete and accurate. If there are any changes to the information the Consumer has provided to the Seller, it is the Consumer’s responsibility to update and/or amend the personal data provided to the Seller via the “My Account” section on the Website to which the Consumer may access logging in.

11.3. For any further information on how the personal data of Consumers are processed by the Seller, please refer to the privacy policy available at the following link https://www.clivechristian.com/pages/privacy-policy.

12. DATA SECURITY

12.1. While the Seller takes all necessary precautions to protect Consumers’ personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.

12.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Shopify International Limited, with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279 (Ireland, VAT number IE 3347697KH) which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.

13. COMPLAINTS POLICY

12.1. The Seller’s customer service team available at: customercare@clivechristian.com will do their best to resolve any problems Consumers have with the Seller or the Products as quickly as possible.

14. OTHER IMPORTANT TERMS

14.1. The Seller can transfer its sales contract with the Consumer, so that a different organization is responsible for supplying the Product. The Supplier will contact the Consumer to let the Consumer know if the Seller plans to do this. If the Consumer is unhappy with the transfer the Consumer can contact the Seller’s customer service team: customercare@clivechristian.com to end the sales contract with the Seller within 30 days of the Seller telling the Consumer about it and the Seller will refund any payments the Consumer has made in advance for Products not provided.

14.2. Even if the Seller delays in enforcing its sales contract with the Consumer under these General Conditions, the Seller can still enforce it later.  The Seller might not immediately chase the Consumer for not doing something (like paying) or for doing something the Consumer is not allowed to, but that doesn’t mean the Seller can't do it later. 

14.3. Nobody else has any rights under the sales contract between the Seller and the Consumer. The  contract is between the Seller and Consumer and nobody else can enforce the sales contract.

14.4. If a court invalidates some of the sales contract between the Seller and the Consumer, the rest of it will still apply. If a court or other authority decides that some of the terms of this contract are unlawful, the rest will continue to apply. 

15.APPLICABLE LAW AND JURISDICTION

15.1. Any sales contract entered into between the Seller and each Consumer under these General Conditions shall be governed and construed in accordance with English law, without prejudice in any case to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.

15.2. Except in cases of mandatory jurisdiction established by law, a Consumer can bring any claims against the Seller under any sales contract entered into between the Seller and each Consumer under these General Conditions and the English courts shall have non-exclusive jurisdiction. If the Consumer lives in Wales, Scotland or Northern Ireland, the Consumer can also bring claims against the Seller in the courts of the country such Consumer lives in.