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CLARINS
SOUTH AFRICA (PTY) LTD

E-COMMERCE
TERMS AND CONDITIONS
OF SALE

TERMS OF USE

“Order”, means the instruction placed by a User on the Site for Clarins SA to supply the Products.

“Personal Information”, means any personal details which the User provides in any way through the use of this Site, in any form whatsoever, which includes but is not limited to its names, postal and physical addresses, contact numbers, e-mail address and name of the employer and any other type of personal information as defined in section of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and section 1 of the Protection of Personal Information Act 4 of 2013 (POPI), each of which forms a separate data tag of information on the Site.

“Product/s”, means the cosmetics and perfumery products sold by Clarins SA on the Site.

“User/s”/ “You”, means the person who chooses to insert their Personal Information on the Site, which information is to be distributed and which Terms and Conditions apply to the User, as the context indicates.

“Site”, refers to www.clarins.co.za, an e-commerce site accessible via the internet network.

The Site is open to any User of the internet. It is published by the company Clarins South Africa Proprietary Limited (hereinafter referred to as Clarins SA), a company registered in terms of the company laws of South Africa with registration number 2011/115636/07, and with its principal place of business at The FIRS, 19 Biermann Avenue, Rosebank, 2196.

The terms of our Privacy Policy, Return Policy and Delivery Policy must be read in conjunction and shall form part of these Terms and Conditions.

Prior to submitting an Order by clicking the ‘submit order’ button on the payment method page, please save or print a copy of these Terms and Conditions to keep on file for future reference regarding the Order you are submitting.
Please understand that if you do not accept these Terms and Conditions, you will not be able to Order any Products from this Site.

1. SCOPE AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE

The Site enables Clarins SA to offer the Products for sale to Users browsing the Site. In accordance with these Terms and Conditions, it is agreed that the User and Clarins SA shall be jointly referred to as the “Parties”, and individually as a “Party”.

By making use of this Site and the Products offered herein, the User hereby acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions.

It is stipulated that the User may make a backup copy or print these Terms and Conditions of Sale, providing that it is not modified.

These Terms and Conditions come into effect as from October 2017. Clarins SA reserves the right to change these Terms and Conditions without notice and at any time. The Terms and Conditions which were applicable when you made your Order, will apply to your Order.

These Terms and Conditions and any of its Annexures shall apply to the exclusion of any other document.

2. PRODUCTS SOLD ON THE SITE

All the offers of the Products proposed on the Site are limited to www.clarins.co.za. Prior to placing an Order, the User may check the main features of any Products they wish to order, by consulting the Site.

Purchase offers, including special promotions, are valid for as long as they are displayed on the Site.

3. PRICES OF PRODUCTS FOR SALE ON THE SITE

The prices shown on this Site are in South African Rand and the Products will be invoiced at the price in force when the Order is submitted.

The price does not include delivery charges, which are invoiced in addition to the price of the Products, according to the total amount of the Order. Delivery charges will be shown to you before the User is asked to confirm the Order.

Prices include value added tax (VAT), at the rate in force on the day of the Order and any change in the applicable rate will be automatically reflected in the price of the Products sold by Clarins SA on its Site.

4. ORDERS

All Orders imply full and unreserved acceptance of these Terms and Conditions. you accept that Clarins’ order registration systems are proof of the nature of the agreement and its date.

Each Order is limited to 5 (five) Products. In addition, within each Order, no more than 3 articles of any single Product reference may be ordered.

When the Order is confirmed by clicking on the “Complete my order” button, you as the Customer declare that you have accepted the Order, together with these Terms and Conditions. A summary of the Order can be printed thereof.

Once the Order has been submitted, a detailed acknowledgement of the Order will be sent to you at the e-mail address which you have provided.

Our acknowledgement of your Order will specify the exact amount invoiced and details of delivery and implies our acceptance of your Order and confirms the transaction, subject to Order payment.

In the event of one or more Products being unavailable once the Order has been placed, you will be notified by e-mail. The amount of the Order will be recalculated and you will only be debited for those Products which are available for delivery, with the price of the unavailable Products not being deducted therefrom. If the entire Order is unavailable, then you will be notified by e-mail and you will not be debited any amount for the transaction.

You may also cancel an Order placed on the Site by contacting our Customer Services on Customer.RELATIONS@clarins.com. If you have cancelled the Order in writing within 7 (Seven) days from date of the Order, Clarins SA shall refund you within 30 (Thirty) days of receiving such notice of cancellation. If however, you inform Customer Service within 7 (Seven) days and the Order has already been processed, you cannot cancel the Order there and then. In this case, you must refuse acceptance of the Order when it is delivered.

Clarins SA reserves the right to suspend or cancel any Order placed by you if a dispute exists regarding the payment of a previous order, or for any other legitimate reason, in particular related to the unusual nature of the Order.

5. PAYMENTS

All Orders are payable in South African Rand and are inclusive of VAT.

In order for you to pay for your Order, you must use the following method of payment: bank card or Paypal. The following bank cards are accepted on the Site: Visa, MasterCard, Maestro and American Express.

In processing your payment of the Order, you confirm and grant Clarins SA the necessary authorisation required to use their chosen method of payment, when submitting the Order.

In the event of non-payment of any amount owed by you, or of any adverse payment circumstances, Clarins SA reserves the right to suspend or cancel any Order and/or delivery, whatever their nature or state of progress in the Order or delivery may be.

Charges on any unpaid amount will be automatically incurred at the legal interest rate of 10.5% per annum following a period of 10 (ten) days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment.

As part of the measures taken to prevent fraud over the internet, you consent to the information concerning your Order being sent to any competent authority for verification.

To ensure secure credit card payment, you must enter the card security code of the bank card being used, into the payment portal of the Site.

Secure payments on the Site are guaranteed by CyberSource.

ORDER DELIVERY
The Products will be delivered to the address provided by you when placing your Order, according to the selected method of delivery.

Orders will be delivered within an average of 2 to 6 days as from the day on which the Vendor receives the order, according to the selected method of delivery and no later than 30 days as from reception of the order, subject to full payment of the price.

Clarins SA in its sole discretion may suspend or terminate the sale of the Products provided on this Site, at any time whatsoever, and the User shall have no recourse in the event of suspension or termination.

The delivery of your Order is subject to our Delivery Policy

6. CANCELLATION OF THE ORDER AND RETURNS

In the event of non-conformity of the Product, in particular due to an anomaly or an error in the delivered references, you can choose to return the Product to Clarins SA and be reimbursed thereof or to receive a replacement Product.

You have a period of 30 (thirty) days as from the date of receipt of the Product ordered as confirmed by our delivery service provider, to return the Order Products at your own expense for reimbursement.

Return delivery costs will be reimbursed by Clarins SA to you on request. You may contact our Customer Services by e-mail as regards to any claim Customer.RELATIONS@clarins.com

The reimbursement of your payment for the Order will be made via the method of payment which you selected when exercising their right of withdrawal, no later than 30 (thirty) days following the date on which the right was exercised.

7. INSTRUCTIONS FOR RETURNING PRODUCTS

Whatever the reason for returning the Products to Clarins SA, you are required to follow the following instructions in order to facilitate processing of the return, which return must comply with the provisions of our Return Policy:

1. Use the original packaging must be sent with the Product, which is being returned.

2. Complete and attach the Return Form (to be separated from the Delivery Slip)

3. Send the Product to be returned together with its original packaging to the following address:
Clarins SA (Returns Department)
19 Biermann Avenue (The FIRS)
Rosebank
Johannesburg
2196

Any risk related to the return of the Products is borne by you.

8. RETENTION OF TITLE

All Products remain the exclusive property of Clarins SA until such a time as payment of the sale price, including the purchase price, VAT and delivery costs have been paid in full.

9. LIABILITY

The Site and all content on the Site is provided on an “as is” basis, and Clarins SA makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the Site. Clarins SA does not warrant and accepts no liability that the functions and services provided by the Site will be interrupted or error free, or that the Site is free from viruses or other harmful components or for any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site.

Clarins SA cannot be held liable for non-fulfilment of the Order due to stock shortages, except for cases of special price offers not intended to lower stock levels, or in the event of product unavailability due to force majeure.

Clarins SA, including owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site.

The User hereby indemnifies Clarins SA and its owners, directors, employees, officials, suppliers, agents and/or representatives from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from the User’s use of this Site.

10. INTELLECTUAL PROPERTY

Clarins SA is the owner of this Site and the contents thereof and Clarins SA retains all intellectual property rights thereto, whether registered or not, including all current and future content on the online platform, which is not owned by a third party, and nothing on this Site should be construed as a right to use or license of any of the intellectual property.

In accordance with the Copyright Act 98 of 1978, as amended pertaining to ownership of literary and/or artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this site, together with their compilation, are the exclusive property of Clarins SA, as it does not grant any license or any entitlement other than that of browsing the Site. Any use during browsing of this Site, in whole or in part, of these elements is authorised exclusively for information purposes only for personal and private use. Any reproduction and any use thereof for other purposes being expressly prohibited.

Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorisation from Clarins SA.

Any other use will constitute an infringement.

11. APPLICABLE LAW

This Site is owned and operated within the Republic of South Africa. Clarins SA, as well as the User, hereby agree that these Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.

12. DATA PROCESSING

The User hereby expressly consents, by its use of the Site herein, to the collection, use, processing, storage, transfer and sharing of its Information to the entities that are related to Clarins SA, including but not limited to Clarins UK and Clarins France and its service providers, provided that such sharing and transfer are in line with section 72 of POPI.

You have the right to access, change, correct and delete Personal Information concerning them by contacting Clarins SA via email. You are referred to Clarins SA’s Privacy Policy for more detail.

13. CLUB CLARINS

13.1 SUBJECT

13.1.1 The "CLUB CLARINS " Loyalty Program is offered by Clarins South Africa PTY LTD

13.1.2 The purpose of the "CLUB CLARINS" Loyalty Program is to allow its Members ("Members") to benefit from specific advantages and services by accumulating points in authorized physical or virtual points of sale of the CLARINS selective distribution network eligible for the operation in South Africa (the “Territory”), when purchasing CLARINS brand products (the "Products") and using a CLARINS gift card on the CLARINS website as identified below

13.1.3 It is specified that the following website are eligible for the operation:

www.CLARINS.co.za (the “Website”)

It is specified that the following website are eligible for the operation: • [www.CLARINS.___ (the “Website”)

13.1.4 The eligible points of sale for the operation may be updated by CLARINS at any time. The list of eligible points of sale will be regularly updated.

13.1.5 It is specified that any purchase made in another point of sale than those mentioned above are not eligible for this operation.

13.1.6 These terms and conditions, to which the applicant has had prior access before joining the Loyalty Program, are deemed to be approved without restriction by the Member upon joining the "CLUB CLARINS" Loyalty Program

13.1.7 The "CLARINS CLUB" Loyalty Program (“Program”) is a Loyalty Program that replaces the former Loyalty Program.

13.2 MEMBERSHIP

13.2.1 The CLUB CLARINS Loyalty Program is offered at the sole discretion of CLARINS. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are of legal age and who provide and maintain a valid email address are eligible to become Members. No purchase is necessary to join the Program. CLARINS may refuse to validate a CLUB CLARINS Membership for any reason. Employees and individuals employed by CLARINS’ business partners or vendors are eligible for Membership but may be excluded from certain benefits of the Program

13.2.2 By joining the Program and becoming a Program Member, the applicant agrees that he/she has read, understood and agreed to be bound by these Conditions of use and by any changes or modifications CLARINS may make. The applicant should review these Conditions and the related policies and FAQs frequently as they may change from time to time. These Conditions do not alter in any way the terms or conditions of any other agreement the applicant may have with CLARINS, including any agreement for products or services. The Program is void where prohibited by law.

13.3 PROGRAM ENROLLMENT

13.3.1 On the Website:
Eligible individuals may enroll in the Program by visiting the Website and following the Program prompts to register to the Program. The applicant must have a personal account on the Website and give his/her consent to become a member of "CLUB CLARINS".

- If the applicant already has a personal account and wishes to become a Member, he/she must connect to it on the Website select the heading my account and then click on the button at the bottom of the page Become a Member"

13.3.2 in order to benefit from the advantages of the "CLUB CLARINS” Loyalty Program, the applicant is invited to communicate the following personal data: “first name”, “last name” and “valid e-mail address”.

13.3.3 The Member guarantees the accuracy of all information provided throughout the Membership. Any inaccuracy could impact the proper processing of the Member's benefits for which CLARINS cannot be held responsible. CLARINS reserves the right to request at any time the presentation of any document confirming the identity of the person wishing to subscribe or having subscribed to the "CLUB CLARINS" Loyalty Program to be proven, notably in the case of homonymy.

13.3.4 Any change must be notified as soon as possible by the Member from his/her personal account on the Website under the headings “My account” / “Personal information”] or to CLARINS Customer Service by completing the contact form available on the Website.

13.3.5 The Program is effective from the moment CLARINS validates the Membership form. This Membership is nominative, personal and reserved for individuals for their own non-professional use. Each client can only subscribe to one Membership and can only have one account in his/her name. If CLARINS finds that a person has more than one Loyalty account, CLARINS reserves the right to terminate the Member’s account in case of suspiscion of abuse to override the potential capping CLARINS may put in place (and indicated in the GENERAL CONDITIONS OF USE OF THE LOYALTY PROGRAM) to prevent fraud, which will result in the deletion of all points accumulated and benefits. If CLARINS finds that a person has more than one Loyalty account with no suspicious usage from the Member, CLARINS reserves the right to merge the 2 accounts, which will result in the merge of all points accumulated & associated benefits.

13.3.6 CLARINS reserves the right to refuse or terminate the Membership of any person who does not meet the conditions defined in the present General Conditions of Use of the Program.

13.3.7 In accordance with the legal provisions in force, the CLUB CLARINS Membership rules for joining the Program are valid for an unlimited period of time as soon as the member registers to the CLUB CLARINS program. The Member is however entitled to stop participating in the Program at any time by notifying CLARINS Customer Service of his/her decision to close his/her account by completing the contact form available on the Website

13.3.8 When an account is closed, the points counter is reset to zero and the unused points, benefits and rewards not yet delivered or issued are definitively lost, even in the event of a new subscription by the Member.

13.3.9 If a Member is inactive for a period of 3 years from the account creation date, his/her account will be closed and associated data will be deleted in accordance with CLARINS Privacy Policy.

13.4 HOW THE "CLUB CLARINS" LOYALTY PROGRAM WORKS

The Member earns points that determine which rewards he/she can redeem and his/her status level.

13.4.1.1 Points earned on the spent amount

- Members earn points based on the spent amount, including any purchase of products that they can redeem for complimentary products, vouchers, gifts, services and other rewards available in the CLARINS online rewards catalogue accessible on the Website by selecting the heading "My Account" and then by selecting the heading “my rewards”. The points earned also enable the Member to reach different levels of status with associated status benefits. Rewards and status benefits evolve over time and may be available on a limited basis, so the Member has to check the latest offerings on the Website. CLARINS also communicates on the Program benefits and promotions through Email & FAQs.

- R1 spent on the purchase of a Product on www.clarins.co.za = 1 CLUB CLARINS point earned. This modality is subject to the following list of exceptions [Vouchers, instore purchases].

- Shipping costs are [included/excluded] from the points calculation.

- Taxes are included from the points calculation.

13.4.2 In addition to purchases, the Member may also earn points in the following ways: • CLUB CLARINS subscription New Members who enroll in the Loyalty Program will receive a bonus point of 100 points. No order is required to receive the bonus points. To earn points, as detailed in article 3.1 , eligible individuals may enroll in the Program by visiting the Website and following the Program prompts to register to the Program (the applicant must have a personal account on the Website and give his/her consent to become a Member of "CLUB CLARINS"). The points earned are automatically credited to the Member’s account. The Member can enjoy bonus points under the following circumstances:

• Purchase of a routine on the same ticket

• Profile completion (must-have: Gender & Birthday) through manual input or social connect

• Certain beauty consultations attendance

• Friend referral

• Product reviews

13.4.3The Member may also beneficiate from special operations dedicated to CLUB CLARINS during specific marketing operations that are not listed in the list 4.1.2. Those animations are to the sole discretion of CLARINS. It is advised to the CLUB CLARINS Member to register to the CLARINS newsletter as qualifying Members will receive email invitations when the special operations are available if they have not opted-out of receiving Program emails

13.4.4The number of points, if any, awarded for each action is determined by CLARINS in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year

13.4.5 In the event of a dispute over the number of points accumulated, only the information contained in the CLARINS database will be considered authentic.

13.4.6 Points will be added on a single counter within the Member’s account.

13.4.7 Points expire after 12 months without a transaction

13.4.8 In order for the Member’s purchases & brand activities to qualify for the Program, the Member must be enrolled in the Program be logged into his/her online account; or (2) for non-purchase related points - provide his/her Program Member identification (that is, the email address the Member registered under the Program) when (a) purchasing on the Website However, if the Membership in the Program is terminated for any reason and the Member enrolls in a new Program account, any purchases made prior to the date the Member enrolls in a new Program account do not qualify for points.

13.4.9 Purchases made in retail stores outside of the Territory are not eligible for the Program.

13.4.10 Points have no monetary value, cannot be exchanged and can only be used within the CLARINS CLUB Loyalty Program.

13.5 PERSONAL DATA

13.5.1 Clarins South Africa PTY LTD, whose registered office is located at The Firs, Corner Bierman & Craddock Ave, Rosebank, Johannesburg, is responsible for the processing of personal data for the "CLUB CLARINS" Loyalty Program.

13.5.2 The information collected within the framework of the "CLUB CLARINS" Loyalty Program on the Website or by the CLARINS Customer Service by completing the contact form available on the Website and/or their activity in the Program, is processed electronically in order to process the Member's requests, to allow him/her to benefit from the advantages of the "CLUB CLARINS" Loyalty Program, to send offers, news and personalized advertisements according to his/her previous purchases and/or interests and to carry out statistics and studies.

13.5.3 This information is kept by CLARINS for no longer than is necessary for the purposes for which it was collected. In any event, this information is deleted once the Member has not made a purchase or clicked on a hyperlink contained in an e-mail sent by CLARINS for a period of 3 years.

13.5.4 In accordance with the regulations in force, the Member has a right of access, rectification, deletion and portability of the information concerning him or her, as well as a right of opposition and limitation of processing.

13.5.5 In order to exercise these rights, the Member must send his or her request after justifying her/his identity to the following e-mail address: customercare.za@online.clarins.com. The Member may also lodge a complaint with the competent supervisory authority in charge of data protection or lodge a legal appeal if his or her data is misused.

13.8 RESPONSIBILTY

13.8.1 CLARINS is exonerated from all responsibility for any consequence, direct or indirect, of any anomalies or malfunctions of the "CLUB CLARINS" Loyalty Program, regardless of their cause. In the event of malfunction or anomalies, CLARINS undertakes to maintain the benefit of the Member's accumulation of points and/or minutes or an equivalence.

13.8.2. The Member declares that he/she is fully aware of the intrinsic characteristics of the Internet and in particular of the fact that the transmission of data on the Internet is only relatively reliable, as the data circulates on heterogeneous networks, with diverse characteristics and capacities, which are sometimes saturated at certain times of the day and which can have an impact on download times or accessibility to data, and that the Internet is an open network, that consequently, the information it carries is not protected against the risks of detour, intrusion into its system, piracy of the data, Programs and files of its system, contamination by computer viruses, and that it is up to him/her to take all the appropriate measures so as to protect the data, files or Programs stored in its system against contamination by viruses as well as attempts at intrusion in its system.

13.8.3. Any breach by the Member or a third party acting on behalf of the Member, of these General Conditions of Use, any abusive or fraudulent use of the benefits it provides, any falsification of information communicated to CLARINS as well as any behavior by the Member that is detrimental to the interests of CLARINS will automatically result in the Member's deregistration from the Program. The Member is informed that the service providers involved in the Program have their own solutions for analyzing, detecting, and reporting anomalous or inconsistent actions. If necessary, access to a member’s space may be suspended or cancelled. The cancellation or termination of an account will result in the loss of the rights attached to the Membership, in particular the balance of points and/or minutes, without the Member or any third party or rightful claimant being able to claim any compensation.

13.9 PARTIAL INVALIDITY - MODIFICATION OF THE GENERAL CONDITIONS OF USE

If one or more provisions of these General Conditions of Use are found to be unlawful or invalid, such invalidity shall not render the remaining provisions of these General Conditions of Use invalid. CLARINS reserves the right to adapt or modify these General Conditions of Use at any time and without prior notice, such adaptations or modifications being applicable to any use of the Loyalty Program, subsequent to such adaptations or modifications.

13.10 DISPUTES - APPLICABLE LAW - COMPETENT JURISDICTION

The present General Conditions of Use are subject to the application of the Territory’s law. Any dispute arising from the interpretation or execution of these General Conditions of Use and its consequences will be brought before the competent courts.

13.11 MEDIATION

The Member is informed of the possibility of having recourse to consumer mediation for any disputes that may arise concerning the use of the Program. Referral to the mediator is only possible if the Member has already contacted CLARINS Customer Service and has not obtained an answer or satisfaction to his/her complaint.

13.12 PROGRAM COMMUNICATIONS

By enrolling in the Program, you agree to receive Program-related communications by email regarding Club Clarins.