GENERAL CONDITIONS OF SALE
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.
L’Oréal may update these General Conditions of Sale from time to time as set out in clause 8. Every time you order Products from L’Oréal, 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 L’Oréal 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.urbandecay.co.za. It is produced by L’Oréal South Africa (Proprietary) Limited, a company registered in South Africa under company number 1993/002698/07, whose registered office and main trading office is at
Building 17, The Woodlands Office Park, Corner Kelvin and Woodlands Drive, Woodmead 2191
1.2. Contacting us
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 0861001085 or email@example.com. 2. USE OF OUR WEBSITE
2. USE OF OUR WEBSITE
2.1. Your use of our Website is governed by our Website Terms and Conditions. Please take time to read these as they include important terms which apply to you.
2.2. You may only purchase Products from our Website if you are at least 18 years old.
3. NO INTERNATIONAL DELIVERY
3.1. The Products ordered by Website Users shall be exclusively delivered within the borders of South Africa. Only orders with an invoicing and delivery address located in South Africa will be processed.
3.2. Any order for which a P.O box delivery address has been chosen cannot be processed.
4. OUR PRODUCTS
4.1. The Products L’Oréal offers for sale on the Website are intended for your personal use only, and not in any connection with any trading activity you may undertake. In this respect, you should note that your order must not exceed a total of R15000. Additionally, within any thirty (30) day period you may order a maximum of five (5) products that have the same product code. If your order exceeds either of these limits, L’Oréal may not accept it.
4.2. The Products L’Oréal 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 (perfumes) 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 Urban Decay products for which photos are displayed on www.urbandecay.co.za 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 L’Oréal may not be held liable for errors or inaccuracies in photographs or graphics showing Urban Decay products that are presented on www.urbandecay.co.za.
4.5. The packaging of the Products may vary from that shown on images on our Website.
4.6. 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. L’Oréal may not be held liable if Products are out of stock or unavailable.
4.9. The Products ordered shall remain the property of L’Oréal until full receipt of the price by L’Oréal 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 L’Oréal 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. Any samples offered are subject to availability and will only be sent to addresses in South Africa. Any samples provided by L’Oréal 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. L’Oréal 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 Rands. 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 South Africa 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 e-mail by L’Oréal.
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 L’Oréal'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.
5.7. All payments must be made immediately over the Internet. The following payment options are available on the Website; Credit Card (Visa, Mastercard, American Express and Dinersclub), Electronic Funds Transer (EFT).
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 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 Shopping Bag", 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 by 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 L’Oréal'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. L’Oréal’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 L’Oréal 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 L’Oréal and you. In the event of a dispute between L’Oréal and you on a transaction carried out on the Website, the data recorded by L’Oréal shall be deemed irrefutable proof of the contents of the transaction.
8. OUR RIGHT TO VARY THESE TERMS
8.1. L’Oréal may update these General Conditions of Sale from time to time. Every time you order Products from L’Oréal, 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 Johannesburg, South Africa, then dispatched by the carrier nominated by L’Oréal .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.
Estimated Delivery Time
Standard Delivery 3-5 working days
If order is placed after 11am or on any non-working day then estimated delivery will be calculated from the next working day.
Any additional delivery costs will be communicated to you direct on our website or via our customer care department.
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 notify you that the Products have been returned to our distribution centre, in which case, please contact us to rearrange delivery on 0861001085
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 where applicable.
9.5. Delivery problems:
L’Oréal 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. If a delivery is late, you must inform the Urban Decay customer service department as soon as possible, by contacting us using the Contact Us form at the bottom of this page. L’Oréal shall then contact its chosen carrier in order to initiate an enquiry. 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 Urban Decay customer service department within 48 hours of receipt.
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 time was essential (taking into account all the relevant circumstances); and
c) you communicated this to us before we accepted your order.
9.8. If we miss the estimated delivery time for any Products and you do not wish to cancel your order immediately, or do not have the right to do so under Clause 9.7, you can give us a new time for delivery, which must be reasonable, and you can cancel your order if we do not meet the new time.
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. YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
In these Terms and Conditions “the Customer” means the person to whom the Products are sold; “L’Oréal” means L’Oréal South Africa (Pty) Ltd T/A Urban Decay South Africa; “Products” mean the item/s which are sold and supplied to the Customer; “Parties” means the Customer and L’Oréal.
10.1 Cooling-Off Period
A Customer is entitled to cancel any electronic transaction as contemplated in section 44 of the Electronic Communications and Transaction Act, No 25 of 2002 (“ECTA”) within seven (7) days after the date of the receipt of the Product(s), without reason or penalty.
This is only applicable if the Customer is a natural person and the end user of the Product(s);
Only electronic transactions are considered within Section 44 of ECTA;
Product(s) must be returned unused and in the original undamaged packaging in a condition for resale;
The purchase price of the Products will be refunded less the direct cost of returning the Product(s).
10.2 Unsuitable Products
A Customer, may in terms of the Consumer Protection Act, 68 of 2008 (“CPA”) return products within ten (10) business days from delivery if they could not examine the Product(s) before delivery and then discover that the Products are not what they ordered, expected, or are not suitable for a specific purpose that the Customer communicated to L’Oréal in writing. The following shall apply:
2.1 the Product(s) must be returned unused and in the original undamaged packaging in a condition for resale;
2.2 If the Products are opened for any reason whatsoever, L’Oréal may deduct and charge a reasonable amount for repackaging and restocking;
2.3 the Customer must be “a consumer” as stipulated in the CPA;
2.4 the Customer must follow the return process stipulated in point 4 below.
10.3 Damaged, Defective, Substandard or Incorrect Products
If any Product(s) purchased online at www.urbandecay.co.za is defective, damaged or is of a substandard quality, L’Oréal will refund or exchange the Product within six (6) months, unless;
The Product has been damaged due to misuse or abuse by the Customer;
The Product has exceeded its shelf-life or recommended usage period after opening of the product. This exception will not apply in the event the Product had exceeded its shelf-life at the time of purchase;
The Product was used other than for its intended purpose;
The Product has been tampered with and no longer conforms to the original manufacturers specification;
The Customer has not provided L’Oréal with the original proof of purchase;
The Product has been used continually by the Customer to a greater extent than would reasonably be necessary for the Customer to determine that the Product was defective, damaged or of poor quality.
10.4 How to Return Products
Contact our Consumer Advisory Department on the details above.The following information will be required when contacting the Consumer Advisory Department:
Delivery document containing your delivery number;
10.5 Original proof of purchase;
10.6 List and description of Product(s) to be returned;
10.7 L’Oréal reserves the right to inspect and examine any Products that the Customer claims to be damaged, defective, substandard, incorrect or unsuitable. This inspection and/or examination shall be conducted within a reasonable time from date of receipt of the Product(s) from the Customer
10.8 Our Consumer Advisory team will arrange for the Product(s) to be collected from the original delivery address
10.9 Returned items will be processed and refunded within 30 days after we receive the returned Product or earlier depending on the processing times stipulated by the financial institution responsible for the transaction
10.10 Refunds will only be processed into the original credit card or bank account used in the original transaction
10.11 Procedure For Returns to Other Suppliers
For purposes of this returns policy, only Product(s) purchased on www.urbandecay.co.za will be considered for refunds or exchanges. Products purchased in a retail store must be returned or exchanged via the retailer’s returns policies
10.12 Further Terms
Further terms and conditions applicable to the sale of the Product(s) can be found on www.urbandecay.co.za
11. HOW WE USE YOUR PERSONAL INFORMATION
12. OUR LIABILITY
12.1. 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.
12.2. 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.
12.3. 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.
13. EVENTS OUTSIDE OUR CONTROL
13.1. 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.
13.2. 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.
13.3. 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.
13.4. 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.
14. OTHER IMPORTANT TERMS
14.1. 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.
14.2. You may only transfer your rights or you obligations under these Terms to another person if we agree in writing.
14.3. 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.
14.4. 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.
14.5 These Terms and the Dispatch Confirmation sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
14.6. In the event of a contradiction between these documents, these Terms shall prevail.
14.7. These Terms and the contractual relations between L’Oréal and you shall be governed by the laws of South Africa. 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.