General Terms and Conditions of Sale
The present general terms and conditions of sale apply to all and any orders placed on STELLA by Stella McCartney website by customers located in the United Kingdom for deliveries in the UK, Northern Ireland, Channel Islands, Isle of Man, Scottish Highlands and Islands, Scilly Isles.
Who we are
"STELLA by Stella McCartney" is a « société par action simplifiée à associé unique », registered in the Paris Trade and Compagnies Register under the number 842 426 785, with a social capital of 40 000 euros, and which registered office is located at 24/32 rue Jean Goujon – 75008 Paris – France. STELLA by Stella McCartney’s registered VAT number is FR75842426785.
Electronic contact: firstname.lastname@example.org or the « Contact US » icon.
STELLA by Stella McCartney is the editor of the website. Salesforce Commerce Cloud is the website’s hosting company located in the Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, United States.
Director of the publication: Stéphane Delva
STELLA by Stella McCartney is a company engaged in the creation and distribution of luxury skincare products under the trademark STELLA by Stella McCartney.
Complementary to STELLA by Stella McCartney’s network of selected retail outlets and Boutiques, in which the products are sold, STELLA by Stella McCartney has wished to implement its own online sales website. STELLA by Stella McCartney trades products on its website solely for individual Consumers. Any order not corresponding to a retail sale and any fraudulent or assumedly fraudulent order shall be treated by STELLA by Stella McCartney as void and shall not be processed.
The Customer’s particular attention is drawn to Article 13 (STELLA by Stella McCartney’S liability to the Customer).
"Boutique" means a physical STELLA by Stella McCartney store.
"Consumer" means (i) an individual and (ii) someone acting wholly or mainly outside of their business, trade, craft or profession.
"Contract" means the contract made between the Parties each time an order is finalised under Article 6.3 of these General Terms and Conditions of Sale.
"Customer(s)" means the user(s) browsing the website and placing an order of Product(s) for personal use.
"General Terms and Conditions of Sale" means these general terms and conditions applying to any and all sales of Products presented on the website.
"Party(ies)" means collectively or individually STELLA by Stella McCartney and/or the Customer(s).
"Product(s)" means all skincare products bearing the STELLA by Stella McCartney brand name, which are presented for sale on the Website.
"Website" means the STELLA by Stella McCartney online sales website, which is accessible via https://www.stellamccartneybeauty.com/uk , and offers the Products for sale.
2. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale set out the terms and conditions under which STELLA by Stella McCartney shall proceed to the sale and delivery of Products ordered by Customers via the Website and define the Parties’ rights and obligations as to the sale of Products offered by STELLA by Stella McCartney on the Website.
The General Terms and Conditions of Sale can always be found by the Customer on www.stellamccartneybeauty.com/uk/terms-conditions.html and shall be communicated to the Customer on simple request via email at email@example.com or via the contact form available on the Website.
By placing an order for a Product offered on the Website, the Customer recognizes – by ticking the box "I have read and accept the Terms and Conditions” – that he/she has been fully informed on and accepted such General Terms and Conditions of Sale without limitation before placing his/her order. This acceptance is in no way conditioned by a handwritten signature on the part of the Customer.
Please note that a hyperlink to the latter will be sent to the Customer with the confirmation email of order.
STELLA by Stella McCartney reserves the right to amend, at any time, the General Terms and Conditions of Sale. In the event of an amendment of the General Terms and Conditions of Sale, the General Terms and Conditions of Sale applicable are those in force on the date of the order and sent, via an hyperlink, with the order confirmation email.
Continued access and use of the website after changes have been made to this agreement constitutes your acceptance of the revised agreement then in effect. You agree that you will review this agreement periodically and that you shall be bound by this agreement and any modifications to it.
The General Terms and Conditions of Sale shall apply without limitation to any sale of Products on the Website, excluding any other document and particularly the conditions applicable to sales in stores or through any other distribution and marketing channel.
3.1 Products description
The Products offered for sale by STELLA by Stella McCartney are those presented on the Website at the date of connection of the Customer, within the limits of available stocks. STELLA by Stella McCartney reserves the right to withdraw Products from sale at any time and without notice.
STELLA by Stella McCartney puts the utmost care in the presentation of the Products on the Website. However, pictures illustrating the Products shall only be for information and are not contractual.
Indeed, while STELLA by Stella McCartney makes its best efforts to ensure that the color of the Products – whose photos are displayed on the Website – are faithful to the original, variations may occur (including slight differences in colors and proportions), particularly given the technical limitations of color renderings of computer equipment. Consequently, STELLA by Stella McCartney shall not be responsible if the Product varies from those images. The packaging of Products may vary from that shown in images on the Website.
For any question or concerns regarding the order and appropriate use of Products, the Customer may contact STELLA by Stella McCartney Customer Service:
- Via the contact form available on the Website, or
- Via email: firstname.lastname@example.org
3.2 Products availability
The Products displayed on the Website are offered for sale within the limit of available stocks. STELLA by Stella McCartney does not guarantee the availability of the Products. In the event of the unavailability of one or several Product(s) after an order is completed, STELLA by Stella McCartney will inform the Customer at the earliest by email or telephone of the unavailability of the Product(s) and the partial or full cancellation of his/her order.
Should the order be totally cancelled for unavailability, the Customer’s order shall be automatically cancelled, and his/her bank account will not be charged.
Should the order be partially cancelled for unavailability:
- The Customer’s order will be validated, and his/her bank account will be charged only with the amount of the Products actually sent,
- The Customer will be informed at the earliest by email or telephone of the unavailability of the Product(s) concerned,
- The Customer will receive the available Products.
All Products prices are firm. Prices are given in pounds sterling (£) all taxes included. The price in force is the one indicated for each Product on the Website. These prices include all taxes applicable on the day of the order but exclude any delivery costs, which will be charged additionally and will be specified to the Customer prior to the order being finalised.
Delivery costs will be indicated to the Customer before the validation of the order. The present General Terms and Conditions of Sale provide delivery methods, which may be modified at any time by STELLA by Stella McCartney.
The invoiced price is the price indicated to the Customer on the order confirmation page, which appears on screen at the order confirmation and is sent by STELLA by Stella McCartney to the Customer by email.
STELLA by Stella McCartney reserves the right, and the Customer accepts, to modify the price of the Products at any moment, without any further formalities than to make the changes available on the Website. These changes may not affect the orders validated by the Customer prior to the coming into force of these changes, subject to the availability of the Products ordered.
5. RESERVATION OF OWNERSHIP
The Products ordered shall remain the property of STELLA by Stella McCartney until complete payment of their value, including the main value of Products, as well as any costs and taxes included in the invoice/receipt, and the applicable delivery costs.
6.1 Conditions of ordering
STELLA by Stella McCartney only sells Products via the Website to Consumers. Products are solely intended for the Customer personal use, excluding any connection to his/her professional capacity. As a consequence, any order exceeding five (5) units bearing the same reference shall not be accepted as it is not presumed to correspond to the consumption and personal use of a Customer.
In the event of an order of Products exceeding this maximum, the order shall be considered as null and will not be taken into account by STELLA by Stella McCartney. The same would apply if the Customer orders more than 5 (five) units of the same product in subsequent orders over a short period of time.
To place an order on the Website, the Customer must be of legal age, have legal capacity and hold a credit card, or a PayPal account.
6.2 Order process
A customer can create an account on the Website by clicking on the button "Register" and completing the form (some fields are required to validate the order) before starting the order process.
If the Customer already has an account he can click on the icon “Sign In”.
To place an order, the Customer must proceed to the following steps:
- Fill in the virtual shopping bag by clicking on the icon "Add to bag" and indicating the Products concerned.
- Click on the button "Proceed to Checkout".
- Check and modify, as the case may be, the content of the virtual shopping bag, then click on the button "Proceed to Checkout".
- If not already done, identify himself on the Website (except if the Customer has chosen the "No, I'm a guest" option e.g. without creating an account) by logging on to the Website, clicking the button “Yes, Sign In”, by entering his/her email address and password if the Customer has already created an account.
The Customer can also decide to proceed without creating any account by clicking on “No, I'm a guest”.
- Validate the delivery method chosen (DPD).
- In the event that the invoice address and the identification details are the same as the details already given for delivery, validate the pre-filled fields with these details.
- Tick the box " I have read and accept the Terms and Conditions ".
Until the "Place order" step, the Customer has the possibility to modify his/her order informatiion by clicking on the icon "Edit" on the right side of the various pages. This allows the Customer to correct any errors he/she could have made while completing the various fields.
In case that the Customer wishes to modify his/her order, the Customer can click on the return arrow on the top left of his/her screen. The Customer will then be redirected to his/her virtual shopping bag, where he/she can modify his/her order.
As the Customer confirms his/her order by clicking on the "Place Order" icon, the Customer can no longer modify or cancel his/her order before proceeding to payment.
- At the end of the ordering process, the Customer is asked to click on the "Place Order" icon. By clicking on, the Customer can proceed to payment directly on the Website through the secure server of the payment service provider ADYEN following the conditions requested (Visa, Mastercard, Apple Pay and PayPal only) – please refer to Article 8 below (Payment terms) for more information. This does not constitute STELLA by Stella McCartney’s acceptance of the Customer’s order and a Contract between the Parties is not formed until the order is validated by STELLA by Stella McCartney as explained under Article 6.3 below.
6.3 Final validation of the order – How is a Contract formed?
Following the validation of the payment by the Customer, a confirmation of the order will be sent by email to the Customer by STELLA by Stella McCartney. The order confirmation includes the summary of the Products ordered, the price, the delivery costs and the order number. It mentions a hyperlink to the General Sales Conditions containing the right of cancellation.
A Contract between the Parties is formed when the Customer receives the order confirmation by email detailed above from STELLA by Stella McCartney.
6.4 Order refusal
STELLA by Stella McCartney reserves the right to refuse any order in the event of:
- Number of Products ordered exceeds the maximum provided in the present Article 6.1.
- Litigation with the Customer.
- Total or partial non-payment of a previous order by the Customer.
- Refusal of authorization of payment per credit card by payment agencies including Adyen and Forter, which are the payment service providers and anti-fraud service providers used by STELLA by Stella McCartney.
- Abnormal nature of the order, particularly regarding quantities and/or amounts which does not correspond to the personal use of a final consumer.
7. ARCHIVING AND PROOF OF THE CONTRACT
The details of the Contract will not be filed by STELLA by Stella McCartney unless the order exceeds the value of £103, in which case STELLA by Stella McCartney will archive the Contract for a period of 10 years following the date of the last delivery of the order.
These General Terms and Conditions of Sale will be supplied to the Customer via a hyperlink in the email confirmation sent by STELLA by Stella McCartney under Article 6.3 and STELLA by Stella McCartney recommends that the Customer prints this for future reference. However, the Customer may, at any time, request details of his/her order(s) by making the request via the contact form available on the Website.
- Payments by cards
STELLA by Stella McCartney accepts payment by debit or credit card (Visa and Mastercard exclusively). The Customer enters his/her credit card number, the expiration date of the credit card, the name of the cardholder and the card security code (the last three or four numbers on the back of the credit card).
Payment is made by using the secured server of the payment service provider Adyen (see below for more information) integrated into the Website. This means that none of the Customer’s bank information is processed by STELLA by Stella McCartney or Salesforce (as the Website operator) on the Website. The payment by credit card is completely secured.
Any and all orders are payable in GBP (pound sterling) and are inclusive of VAT.
The credit card is charged at the time of dispatch of the order.
- Payments by PayPal
STELLA by Stella McCartney also accepts payments made via PayPal.
When validating the order, if the Customer chooses the “Paypal” payment option, he/she is automatically redirected to the “Paypal” platform.
The Customer must then connect to his/her “Paypal” account via their details. If the Customer does not have a PayPal account, he/she may create one at this time. After validation of the order with “Paypal,” the Customer will be redirected to the payment confirmation page of the Website.
Cash and cheque payments are not accepted.
The Customer guarantees STELLA by Stella McCartney that he/she has the authorizations required to use the chosen method of payment at the time of the order validation. In case of refusal of the bank, the order will be automatically cancelled and STELLA by Stella McCartney will not be responsible for the Customer’s order being cancelled.
The invoice will be available in the website. If the Customer has an account he can login and go to "Order History" section.
We may use a third-party payment processor, including our electronic payment server Adyen, to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
Who are Adyen and Forter?
To fight against fraudulent activities over the Internet, information pertaining to the orders is controlled by the partners designated by STELLA by Stella McCartney:
- Adyen, (a company registered in Netherlands, with company number 34259528. and whose registered address is at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands.) ("Adyen"), which is a secure payment operator. This company is responsible for the automated storage and processing of information relating to each order, including bank card details, in a secure environment.
Information pertaining to the orders is subject to automated data processing, for which Adyen is the manager. The purpose of this automated data processing is to define a level of analysis for transactions.
- Forter, ( a company registered in the United Kingdom and whose registered address is at Tower Bridge House, St katerine’s Way, London, E1W1DD) which is a secured anti-fraud service provider which helps to prevent online fraud.
Should any payment incident occur in connection with a fraudulent use of a credit card or any other method of payment, the data set out on the corresponding order shall be recorded in a "payment incident" file implemented by our service providers. Any incorrect declaration or anomaly may also be subject to a specific treatment.
If at any time the server is unavailable STELLA by Stella McCartney will be unable to accept orders through the Website and accepts no responsibility to the Customer for his/her inability to make an order.
9.1 Delivery address
The Products ordered by the Customer in accordance with the present General Terms and Conditions of Sale will be delivered to the postal address indicated by the Customer as delivery address when placing his/her order.
Deliveries shall always be rejected if the delivery address indicated by the Customer corresponds to:
- a hotel/motel
- a PO Box
- APO/FPO addresses
- logistic service providers
- a non-fixed address or domicile (i.e., without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed debits) or in a collective place where an individual address cannot be assigned in such a way and durable to a natural or legal person.
9.2 Delivery time / Delivery costs
STELLA by Stella McCartney ships via DPD to UK, Northern Ireland, Channel Islands, Isle of Man, Scottish Highlands and Islands, Scilly Isles addresses only.
The prices of the products displayed on the Sites do not include shipping costs. The method and amount of shipping costs are specified during the ordering process before you confirm the order.
Delivery is offered for free for any order.
STELLA by Stella McCartney may modify, at any time, our offered shipping methods.
Orders will be shipped once the Customer’s method of payment has been verified and the payment successfully processed.
STELLA by Stella McCartney currently utilizes:
For the United Kingdom:
UK Next Day Delivery (DPD)
1-2 Business Days
For Northern Ireland, Channel Islands, Isle of Man, Scottish Highlands and Islands, Scilly Isles:
Two Days Delivery (DPD)
2-3 Business Days
Delivery time shall begin when the order confirmation email is sent. Once the order has been shipped, the Customer will receive an email informing him/her of the shipment of his/her order. Orders must be placed by 5:00 pm London, UK time Monday to Friday (excluding holidays) to ensure same-day processing. Orders received on Friday after 5:00pm UK time, Saturday, Sunday and federal holidays will be processed, the following business day and then delivery time will be applied. Any delay in delivery or non-delivery must be reported as soon as possible to the following address: email@example.com.
As the delivery is carried out by a third-party service provider, to the maximum extent allowed by law, STELLA by Stella McCartney is not responsible for the non-performance or poor performance of the carrier including, but not limited to, delayed delivery.
Unless otherwise indicated, STELLA by Stella McCartney is only able to ship to one shipping address per order. If the Customer would like to ship to multiple addresses, separate orders shall be placed for each unique address. The Customer shall ensure that his/her address is correct. Once in transit, STELLA by Stella McCartney cannot redirect shipments to a new or different address. If the Customer order is returned for an invalid or incorrect address the order will be returned to stock and the order refunded less any shipping charges.
Each parcel contains a delivery voucher which mentions the conditions and possible ways to return the Products received.
10. RECEIPT OF THE PRODUCTS
On receipt of the Products, the Customer undertakes to check the good condition of packaging and the conformity of the Products delivered with the order and inform STELLA by Stella McCartney of any error, damage to packaging, or non-arrival as soon as possible.
In the event that the Customer reported a missing product or a delivery delay, STELLA by Stella McCartney will make enquiry with DPD.
In case of a missing product, should said product be found before the indicated delivery date, the product will be redirected to the delivery address specified in the order form.
If the order or the missing product has not been delivered after the indicated delivery date the Customer shall write to STELLA by Stella McCartney via the contact form available on the Website.
If the delivery is not carried out within a reasonable additional time, the Customer has the possibility to cancel the Contract by making a statement to that effect, by any means including email or using the contact form available on the Website. The Contract shall be deemed to be cancelled upon receipt by STELLA by Stella McCartney of the Customer's request informing of his/her decision (unless STELLA by Stella McCartney has performed in the meantime). In such a case, all the sums paid by the Customer (including delivery charges) will be returned to the Customer as a reimbursement as soon as possible and no later than fourteen (14) days from the date on which the Contract was cancelled.
11. RIGHT TO CANCEL AND PRODUCTS RETURN
For any reason whatsoever the Customer may exercise his/her right to cancel within fourteen (14) days from the date of the Customer’s receipt of the parcel, as provided in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If STELLA by Stella McCartney sends to the Customer multiple products from one order in separate parcels, these fourteen (14) days will start to run on the date the Customer receives the last parcel forming part of his/her order.
To exercise his/her right to cancel, the Customer must make a clear statement to that effect, whether this be by email or using the contact us form on the Website. The Customer may also use the Model Cancellation Form produced at schedule 1 of these General Terms and Conditions of Sales (although he/she is not obliged to do so).
STELLA by Stella McCartney shall acknowledge receipt of the cancellation without delay by sending an email to the Customer.
As from the exercise of his/her right to cancel, the Customer shall have an additional fourteen (14) days period to return the Products ordered.
Unsealed, open and/or used products shall not be accepted for return for hygiene and health protection reasons.
The Customer must return the Products in perfect condition and in original packaging, unopened, so that the Products can be remarketed, following the procedure described on the return form attached to the parcel (address provided in the return form). The Products must be returned accompanied by the return form duly completed, which has been sent with the parcel.
If the Customer is entitled to return Products under the conditions above, the Customer may return his/her order free of charge via DPD by using the DPD label contained in the parcel. If the Customer does not return his/her order via DPD, STELLA by Stella McCartney will be unable to reimburse the Customer for the cost of making the return, except in case of a non-conformity of the Products delivered with the ordered ones (in such case, costs of return shall be borne by STELLA by Stella McCartney). The Customer shall be responsible for any and all risks linked to the return of the Product(s).
If the above conditions are fulfilled, STELLA by Stella McCartney shall reimburse to the Customer the total amount paid at the order of the returned Products, using the same manner as the payment for the order, excepted the costs of return, within a maximum period of fourteen (14) days from receipt of the return voucher, or – at the latest – from the most recent of the following dates: the day on which STELLA by Stella McCartney receives the returned Products, or the day on which the Customer provides STELLA by Stella McCartney with proof of expedition of the Products concerned by the exercise of the Customer’s right to cancel, whichever of these days occurs first.
In the event that the Customer has expressly chosen a method of delivery more expensive than the standard delivery method proposed by STELLA by Stella McCartney, the additional costs shall not be reimbursed and shall be borne by the Customer.
In case of a partial return of Products, the sole price of the returned Products shall be reimbursed by STELLA by Stella McCartney excluding the delivery costs, insofar as the Customer has benefited from the delivery service for the items kept and the delivery rates do not change depending on the volume ordered.
12. IF THERE IS A PROBLEM WITH THE PRODUCTS
STELLA by Stella McCartney is under a legal duty to supply Products that are in conformity with the Contract. The box below shows a summary of the Customer’s key legal rights in relation to Products purchased on the Website. Nothing in these terms will affect the Customer’s legal rights.
If a Product that purchased by a Customer does not conform to the information provided about the Product on the Website, or if the Product has a defect – such as damaged packaging – you may return the Product. Returns of defective products is subject to the following conditions:
· The Customer must inform STELLA by Stella McCartney beforehand of the defect and its intention to return the defective Product by emailing us at firstname.lastname@example.org giving details of the alleged defect (photos, written explanations…).
Once approved, STELLA by Stella McCartney’s Customer Service will send the Customer an email with the authorization return form and all the return information. A prepaid return label will also be sent to the Customer in case of defective Products. The Customer will have to stick the pre-paid return label on the packaging and send it to the address communicated by STELLA by Stella McCartney’s Customer Service.
The defective Product must be returned in its original condition, with the original labels, and accompanied by the original packaging and the delivery note.
If STELLA by Stella McCartney deems the returned Product to be defective, two options might be offered to t:
- If the Product returned is still available/ in stock, STELLA by Stella McCartney will propose to send a new product to the Customer. The cost of a new delivery will be on STELLA by Stella McCartney;
- If the Product is not available anymore or if the Customer prefers an immediate refund, STELLA by Stella McCartney will refund the defective Product and the delivery costs to the original method of payment, within a maximum of fourteen (14) days upon receipt of the Product, to the exclusion of any other compensation.
Under no circumstances will STELLA by Stella McCartney honor a refund request made in store if the product was purchased online.
13. STELLA by Stella McCartney’S LIABILITY TO THE CUSTOMER
STELLA by Stella McCartney is responsible to the Customer for foreseeable loss and damage caused by it. If STELLA by Stella McCartney fails to comply with these General Terms and Conditions of Sale, it will be responsible for loss or damage suffered by the Customer that is a foreseeable result of STELLA by Stella McCartney breaking this Contract or by its failure to use reasonable care and skill.
STELLA by Stella McCartney is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both Parties knew it might happen.
STELLA by Stella McCartney does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by STELLA by Stella McCartney’s negligence or the negligence of STELLA by Stella McCartney’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Customers legal rights in relation to the Products.
STELLA by Stella McCartney is not liable for business losses. STELLA by Stella McCartney only supplies the Products for domestic and private use. If the Customer uses the Products for any commercial, business or re-sale purpose STELLA by Stella McCartney will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity
STELLA by Stella McCartney makes no warranties that the Website will be available on an uninterrupted, timely, secure or error-free basis. Especially, STELLA by Stella McCartney shall not be responsible for:
- Interruptions, malfunctions, or delays recorded on the Website due to technical failures, because of third parties or any circumstances beyond STELLA by Stella McCartney’s reasonable control.
- The impossibility or temporary inability for the Customer to access the Website, due to circumstances which are beyond STELLA by Stella McCartney’s control, such as computer breakdown, interruptions of the telephone network, the Internet, or the failure of the Customer's reception equipment for the Internet.
STELLA by Stella McCartney reserves the right to suspend access to the Website at any time.
14. COMPLAINTS INFORMATION
For any information, complaints or question relating to the terms and conditions of sale on the Website or to the Products, Customers shall contact STELLA by Stella McCartney's Customer service via the contact form available on the Website, when appropriate by using their order number or by email email@example.com.
15. INTELLECTUAL PROPERTY RIGHTS
Any and all intellectual property rights attached to the Products presented for sale on the Website are and shall remain the exclusive property of STELLA by Stella McCartney. All rights are exclusively reserved. Therefore, no one is authorized to reproduce, exploit, disseminate or use in any way, even partially, said intellectual property rights, unless STELLA by Stella McCartney’s prior written consent has been obtained. STELLA by Stella McCartney's trademarks and logos are registered trademarks. Consequently, any reproduction is an infringement.
16. APPLICABLE LAW AND WHERE THE CUSTOMER MAY BRING LEGAL PROCEEDINGS
The present General Terms and Conditions of Sale and the contractual relationship between STELLA and the Customer shall be governed and construed in accordance with the laws of England. All disputes or differences that may arise in connection with or in relation to these General Terms and Conditions of Sale, or in connection with the relationship between the Parties, shall be first submitted to a consumer mediator. Should no amiable settlement be reached, any disputes will be submitted to and definitively settled by the Courts of England.
If the Customer lives in Scotland, the client can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If the Customer lives in Northern Ireland he/she can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
Even if STELLA by Stella McCartney delays in enforcing the Contract, it can still enforce it later. If STELLA by Stella McCartney does not insist immediately that the Customer does anything he/she is required to do under these General Terms and Conditions of Sale, or if STELLA by Stella McCartney delay in taking steps against the Customer in respect of he/she breaking the Contract, that will not mean that the Customer does not have to do those things and it will not prevent STELLA by Stella McCartney taking steps against the Customer at a later date.
18. CHRISTMAS COMPETITION INTRODUCTION
These terms and conditions (the “Terms”) apply to the purchase of Travel Essentials Set Christmas Edition available while stocks last from October 1st, 2023 to February 1st, 2024 (the “Operation”).
18.2 The Operation
During the Operation, every Travel Essentials Set Christmas Edition includes a Golden Ticket (one per set) displaying some instructions to follow in order to reveal your free gift and claim it on the following link: https://cloud.news.stellamccartneybeauty.com/Stella_XMAS_Enter_Code before March 31st, 2024.
18.3 How do I participate in the Operation?
This Operation is open to any purchaser of a Travel Essentials Set Christmas Edition from October 1st, 2023 to February 1st, 2024. Any order and/or purchase of a Travel Essentials Set Christmas Edition placed outside of this period of time shall not qualify for a free gift.
STELLA by Stella McCartney will not accept responsibility for orders that are lost, regardless of cause, including, for example as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
By participating in the Operation, all participants will be deemed to have read, accepted and be bound by these Terms and any other requirements set out in the promotional material for the Operation (in the event of a conflict, the requirements set out in the present Terms will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
STELLA by Stella McCartney accepts no responsibility for the ordered Travel Essentials Set Christmas Edition and/or the free gift being lost or delayed in the post.
Any return of a Travel Essentials Set Christmas Edition disqualifies the customer from obtaining the free gift.
For help with participating in the Operation, the customer may contact STELLA by Stella McCartney Customer Service:
- Via the contact us form available on www.stellamccartneybeauty.com
- Via email: firstname.lastname@example.org
18.4 The free gift
The free gift is one of:
-  Stella McCartney cardholder; (please note, the prize image shows a grey cardholder, however we can't guarentee you will receive a grey cardholder as the prize includes many colours)
-  of the complete Stella skincare range (150 ml Reset Cleanser; 50 ml Alter-Care Serum; 50 Restore Cream);
-  50ml Alter-Care Serum;
-  30ml Alter-Care Serum Refill;
-  150ml Reset Cleanser;
-  Discovery Set.
The free gift will be identified thanks to the Golden Ticket.
Customers will only be entitled to the free gift identified on their Golden Ticket. No exchange, return or cash substitute is available.
The free gift is exclusive of delivery costs.
STELLA by Stella McCartney reserves the right to substitute the free gift with a gift of equal or greater value.
Although the free gift is not refundable or exchangeable this does not restrict STELLA by Stella McCartney's responsibilities or liability under product safety laws.
The free gift will be despatched after you claimed it on the website www.stellamccartneybeauty.com following the instructions displayed on the Golden Ticket.
STELLA by Stella McCartney is not responsible for any additional costs and/or expenses in relation to the free gift including (without limitation) travel costs, other than any specifically listed as part of the free gift above.
The Operation is available to customers purchasing from the website www.stellamccartneybeauty.com and to customers purchasing from the physical points of sale of Space NK located in the United Kingdom participating to the Operation and on Space NK’s website www.spacenk.com.
STELLA by Stella McCartney reserves the right at its sole discretion to permanently disqualify from the Operation any individual it has reason to believe is tampering with the Operation, or to be acting in any manner deemed by STELLA by Stella McCartney to be in violation of these Terms, relevant laws and/or regulations and/or third party rights.
18.6 Limitation of Liability
STELLA by Stella McCartney is not responsible if the Operation cannot take place or if the free gift cannot be given due to cancellations, delays or interruptions due to acts of war (declared or undeclared), natural disasters, weather, acts of terrorism, riot or civil disturbance, satellite or equipment failure, federal state or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within STELLA by Stella McCartney’s control (each a “Force Majeure” event or occurrence).
STELLA by Stella McCartney is not responsible for: technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind which prevents the customer from participating in the Operation.
18.7 Data Protection and Publicity
STELLA by Stella McCartney reserves the right to hold void, suspend, cancel, or amend the Operation where it becomes necessary to do so as determined by STELLA by Stella McCartney in its sole discretion and without prior notice.
STELLA by Stella McCartney reserves the right to cancel or amend these Terms at any time without prior notice.
These Terms shall be governed by the laws of France, and should no amiable settlement be reached, any disputes will be submitted to and definitively settled by the Courts of France.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper)
[*] Delete as appropriate