Online Terms of Purchase
Last updated: May 4th, 2020
1.1 Welcome to our Decorté UK website, www.decortecosmetics.co.uk (the “Site”).
1.2 By placing an order with Kosé Corporation UK Branch (“Decorté UK”, “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 of Purchase (“Terms of Purchase”). Please read these Terms of Purchase carefully and, if you are unhappy with any aspect of these, then you should contact one of our customer service team before placing an order with us.
1.3 We may amend these Terms of Purchase from time to time. Please look at the top of these Terms of Purchase to see when these Terms of Purchase were last updated. Every time you order Products from us, the Terms of Purchase in force at the time of your order will apply to the contract between you and us. If we revise these Terms of Purchase 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. We recommend that you save and/or print a copy of these Terms of Purchase for future reference.
1.4 The following additional policies also form part of these Terms of Purchase and should be read carefully before placing an order:
1.5 These Terms of Purchase and related policies are only available in the English language.
2. About Us
2.1 Kosé Corporation UK Branch is a branch of Kosé Corporation. The address and registered office is 4th Floor Regus, Rex House, 4-12 Regent Street, London SW1Y 4PE, with a UK establishment number of BR021338 and VAT registration number of GB 334-8136-05. Kosé Corporation UK Branch is a branch of Kosé Corporation, a private limited company, with a registered office address of 3-6-2 Nihonbashi, Chuo-Ku, Tokyo 1038251, Japan, incorporated in Japan with company number 010001043552 and the registry is held at Tokyo Legal Affairs Bureau.
2.2 You can contact us by email at email@example.com, by sending us a message via the “Contact Us” page on the Site or by calling our customer services team on +44 (0)20 3356 2988 (see opening times here).
3. Placing Orders
3.1 You may only place orders from us if you are over 18 years old and possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment).
3.2 When placing an order, please ensure you provide complete and accurate information. Information we may require includes your: title, first name, surname, phone number, email address, delivery and billing addresses. It is your responsibility to ensure that the order is correct and accurately reflects your selection. If an order is not correct in any way, you must notify us immediately by contacting our customer services team by telephone or by email using the contact details provided above.
3.3 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 (or part of 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”).
3.4 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 contact our customer services team by telephone or by email using the contact details provided above and quoting your order number.
3.5 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 or 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.
3.6 If you wish to make a change to the Products you have ordered, please contact us immediately. 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 paragraph 6 (Cancellation Rights) below).
3.7 A Product will be your responsibility from the time we deliver the Product to the address you provided to us.
4. Payment Terms
4.1 Prices for our Products may change from time to time, but changes will not affect any order you have already placed. We reserve the right to promote the same or similar products with varying offers depending on the advertising route and/or time.
4.2 All prices include any applicable VAT or other sales tax. Orders which are delivered outside of the UK may incur duties and taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order. Please consult your local customs office if your delivery is being delivered outside of the UK.
4.3 The price of a Product as stated on our Site does not include delivery charges. Our delivery charges, if any, shall be made available to you on our Site or during the check-out process.
4.4 Our Site sets out the methods of payment that we can accept.
4.5 We will only take payment or pre-authorisation of payment once the order has been accepted by us. Products that are the subject of an order will not be dispatched until payment for all of the Products that are the subject of that order has been received in full by us.
4.6 Payments for all products must be paid in Pound Sterling (or such other currency as stated on our Site from time to time).
4.7 Ownership of Products that are the subject of an order will only pass to you when we receive full payment of all sums due in respect of that order, including delivery charges (if applicable).
5. Product Information
5.1 The Products available on the Site, and where applicable any samples we may provide to you, are for personal use only. You may not sell or resell any of the Products, or samples, 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 of Purchase.
5.2 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 Site.
6. Cancellation Rights
6.1 We hope that you are happy with your Product, however, because you are a consumer and have purchased your Product online, you have a legal right to cancel your Contract 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.
6.2 Your right to return goods does not apply to Products which:
(a) are not suitable for return due to health protection or hygiene reasons if they become unsealed after delivery. Note that this will be the case with most of our Products, please do not unseal or open the Product if you wish to return it to us; or
(b) are made to your specification; or
(c) have been personalised (such as by being engraved); or
(d) by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
6.3 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 below and send it to us via email at firstname.lastname@example.org. 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. 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. Please ensure that, if you do not use the cancellation form, you include adequate details of your order to help us to identify it.
6.4 If you cancel your Contract, we will:
(a) require that, where applicable, you return the Products to us, together with any free samples or vouchers provided with the Products, in accordance with paragraph 6.6 below and 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 store or concession (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 can inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) 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.
(c) 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.
(d) 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.
6.5 Exchange. If you indicate in your cancellation request that you would rather receive an exchange than a refund, then this will be processed within 14 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). If 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.
6.6 If a Product has been dispatched to you, or you have received it before you decide to cancel your Contract, then:
(a) you must return it to us, together with any free samples or vouchers that you have been provided, without undue delay (in the original product packaging) 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;
(b) you can send it back to us at Decorté UK Online Customer Services, 4th Floor Regus, Rex House, 4-12 Regent Street, London SW1Y 4PE with your completed cancellation form (please note that online orders cannot be returned in store);
(c) when returning Products please obtain proof of postage (we do not accept responsibility for goods lost in transit) and ensure that the parcel is adequately sealed;
(d) 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
(e) unless the Product is faulty or not as described you will be responsible for the cost of returning the Product to us.
6.7 If you cancel your order but do not send off such Products to us within 14 days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
6.8 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 Site, you must return them in accordance with the procedure outlined here and not directly to a partnered retail location.
7. Faulty Products
7.1 As you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract.
7.2 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 cancellation in paragraph 6 above or anything else in these Terms of Purchase or elsewhere on this Site.
7.3 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following if the Product is faulty:
(a) obtain a refund for your Product up to 30 days after receipt; or
(b) request for your Product to be repaired or replaced, or if that is not possible, for a refund (which we will consider and determine) for up to 6 months after receipt.
7.4 Further advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. Our Liability for Loss or Damage Suffered by You
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Purchase, 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.
8.2 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 paragraph 7 and for defective Products under the Consumer Protection Act 1987.
8.3 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.
8.4 We will not be responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control (“Force Majeure Event”). This does not affect your statutory rights.
8.5 If a Force Majeure Event takes place that affects the performance of our obligations: a) we will contact you as soon as reasonably possible; and b) our obligations under these Terms of Purchase will be suspended and the time for performance will be extended for the duration of the Force Majeure Event.
9.1 We may transfer our rights and obligations under these Terms of Purchase to another organisation, and we will notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms of Purchase. You may only transfer your rights or your obligations under these Terms of Purchase to another person if we agree in writing.
9.2 Each of the paragraphs of these Terms of Purchase operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.3 If we do not insist immediately that you do anything you are required to do under these Terms of Purchase, or if we delay in taking steps against you in respect of your breach of Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date.
10. Complaints Handling Procedure
10.1 In case of complaint about your online purchase, please contact us by email at email@example.com or write to us at Decorté UK Online Customer Services, 4th Floor Regus, Rex House, 4-12 Regent Street, London, SW1Y 4PE.
10.2 If our internal complaints-handling procedure is exhausted and we have not been able to resolve your complaint, we will provide you with the name and website address of an alternative dispute resolution (“ADR”) provider that would be competent to deal with your complaint. If you make a request for the dispute to be settled by ADR, we will consider whether or not we wish to participate in ADR but we are not obliged by law to participate.
10.3 According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may also refer disputes to the EU Commission’s online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show, although we are not obliged to accept the jurisdiction of the relevant ADR provider.
11. Law and Disputes
11.1 These Terms of Purchase 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.
(Complete and return this form only if you wish to withdraw from the contract)
To Decorté UK Online Customer Services
4th Floor, Regus Rex House
4-12 Regent Street
London, SW1Y 4PE
I hereby give notice that I cancel my contract of sale of the following products:
[insert name of Products to be returned]
Ordered on [insert date of order]
Order No: [insert relevant order no]
Your name (or the customer’s name if different):
Your address (or the customer’s address if different):