Terms & Conditions | Terms & Conditions of Sale
You can download and archive this document in PDF format by clicking here . To open the PDF file, you can use the free software Adobe Reader (available on www.adobe.ie) or a similar program that can handle PDF files .
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 our Site.
1- Scope and acceptance of General Terms of sale
The site www.clarins.ie (hereinafter referred to as the “Site”) is
an e-commerce site accessible via the Internet network at the address www.clarins.ie. It is open to any user of the network (hereinafter referred
to as “User”). It is published by the company Nevinar Cosmetics Ltd (hereinafter referred to as
the Vendor), a company registered in Republic of Ireland under company number 439933, Clarins Ireland, 4B Lazer Lane, Dublin 2, D02 PP89, Ireland..
It is hosted by:
Isobar London Ltd, 10 Triton Street, Regents Place,
London NW1 3BF, United Kingdom
Company Number: 06023874
Tel: +44 207 0707890
The Site enables the Vendor to offer cosmetics and perfume products for sale to Users browsing on the Site.
Under these Terms of Sale, it is agreed that the User and Vendor shall be jointly referred to as the
“Parties”, and individually as a “Party” and that a User that has confirmed an order
shall then be referred to as the “Customer”.
The rights and obligations of the User shall automatically apply to the Customer.
Any order of Products offered on the Site implies consultation and express acceptance of these General Terms
of Sale, without this acceptance however being subject to the handwritten signature of the User.
It is stipulated that the User may make a backup copy or print these General Terms of sale, providing that
they are not modified.
These General Terms of Sale come into effect as from 5th of November 2011.
The Vendor reserves the right to change these General Terms of Sale without notice and at any time, with any
modifications not applying to reservations and orders already accepted and confirmed by the Customer.
These Terms of Sale shall apply to the exclusion of any other document.
2- Products sold on the Site
All the offers of products proposed on the Site are limited to www.clarins.ie.
Prior to placing an order, the Customer may check the main features of any product or products they wish to order, by consulting the Site.
Purchase offers, including special promotions, are valid for as long as they are visible on the Site. Please note that all special offers running on clarins.ie are subject to stock availability. In the event we are out of stock on certain gifts, the offer will be removed or refreshed accordingly or alternatively, where possible, substitutions of samples or free gift items may be made without notice.
If you obtain a product/item on your order for free due to a technical error, you are obliged to pay the value of goods received or alternatively return the goods in full to Clarins.
3- Prices of products for sale on the Site
The prices shown on this Site are in euros, including all taxes, and are guaranteed up to [DATE], with it being stipulated that products ordered are invoiced at the price in force when the order is registered.
They do not include shipping charges, which are invoiced in addition to the price of the purchased products, according to the total amount of the order. Shipping charges will be shown before the Customer 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 the Vendor on its Site.
4- Orders
All orders imply full and unreserved acceptance of these Terms of Sale.
The Customer accepts that the Vendor's order registration systems are proof of the nature of the agreement and its date.
Each order is limited to 5 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, the Customer declares that they accept the order, together with these General Terms of Sale. A summary of the order can be printed.
Once the order has been registered, a detailed acknowledgement of the order is sent to the Customer at the e-mail address provided.
This acknowledgement specifies the exact amount invoiced and details of delivery.
This acknowledgement implies acceptance of the 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, the Customer will be notified by e-mail. The amount of the order will be recalculated and the Customer will be debited the new amount, with the price of the unavailable products deducted. If the whole order is unavailable, the Customer will be notified by e-mail and will not be debited.
The Customer may also cancel an order placed on the Site by contacting our Customer Services. If Customer Service informs the Customer that the order has already been processed, the Customer cannot cancel. In this case, they must refuse reception of the order when it is delivered.
The Vendor does however reserve the right to suspend or cancel any order placed by a Customer with whom 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 euros.
To pay for their order, the Customer 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.
The Customer guarantees the Vendor that they have been granted any authorizations required to use their chosen method of payment, when registering the purchase order.
In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, the Vendor reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.
Charges on any unpaid amount will be automatically incurred at the legal interest rate plus 5 percent following a period of 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, information concerning the Customer’s order may be sent to any competent authority for verification.
PFS Web supports payments, refunds and debits. Its registered office is at 5 rue Louis Bleriot, 4460 Grace-Hollogne, Belgique
To ensure secure credit card payment, the Customer must send the card security code of the bank card being used.
Secure payments on the Site are guaranteed by PFS Web.
6- Order Delivery
The products will be delivered to the address provided by the Customer when placing their order by Master Cards, American Express and Visa, 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 14 days as from reception of the order, subject to full payment of the price.
7- Legal guarantee
The Customer shall benefit from the provisions of the legal guarantee regarding product conformity.
In the event of non-conformity of the product, in particular due to an anomaly or an error in the delivered references, the Customer can choose to return the product to the Vendor and be reimbursed.
Return shipping costs will be reimbursed by the Vendor on request by the Customer.
The Customer may contact Customer Services by e-mail as regards any claim.
8- Right of withdrawal
The Customer has a period of 14 clear days as from the date of reception, to return the ordered products at their own expense for reimbursement.
The reimbursement will be made by any method of payment that the Customer has chosen after exercising their right of withdrawal, no later than 14 days. following the date on which the right was exercised.
9- Instructions for returning products
Whatever the reason for returning products to the Vendor, the Customer is advised to follow the following instructions in order to facilitate processing of the return:
- Use the original packaging to return the product.
- Fill in and attach the Return Form (to be separated from the Delivery Slip)
The products can be returned by the Customer under the conditions and according to the instructions below:
- We accept the return of any item purchased on the site if it is returned within 14 days from the date of receipt of the order by the Customer.
- We invite the Customer to attach the Return Form attached to the order to facilitate the processing of the said return.
- The refund is the total amount paid on the purchase, including delivery charges, excluding amounts paid as a donation to an association.. It should be noted that only standard delivery charges will be taken into account (the amounts corresponding to express or special items will not be supported).
- The return postage costs are prepaid by Clarins.
- The product must be intact, in its original condition, in its packaging, with its accessories and instructions, It must not have been used.
- If a box or a set should be returned, it is imperative to send all of this box or set.
- If the Customer has taken advantage of an offer to purchase on the Site which entitles him/her, subject to conditions, to one or more products offered in exchange for his/her order, and he/she no longer qualifies for the offer in question as a result of exercising his/her right of withdrawal, the Customer must return the product(s) which he/she wishes to return together with the product(s) offered in exchange for the order of the product(s) which he/she wishes to return, so that Clarins can take account of his/her request for withdrawal.
In particular cases of texture or perfume altered or intolerance we invite you to contact us beforehand by email at customerservice-ie@online.clarins.com. A specific return procedure will be communicated to you.
To return an item, the Customer is advised to follow the following instructions : Use the original packaging to return the product
Fill out and attach the Return Form attached to your order.
Paste the prepaid return label attached to the order (above the return form) on the package.
Depoist the return package in your nearest UPS center and keep proof of postage. Find your nearest UPS
center : www.ups.com/dropoff
Any risk related to the return of products is borne by the Customer.
10- Retention of title
All products remain the exclusive property of the Vendor until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full.
11- Liability
The Vendor cannot be held liable for non-fulfilment of contracts 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.
The Vendor accepts no liability for:
- any interruption to the Site;
- any incidences involving bugs;
- any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site;
- more generally, 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 or any credit accorded to any information directly or indirectly coming from it.
12- Intellectual property
In accordance with legislation governing the ownership of literary and 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 the Vendor, as it does not grant any license
or any entitlement other than that of consulting the Site. Any use or reproduction, in whole or in part, of
these elements is authorized exclusively for information purposes only for personal and private use, with
any reproduction and any use of copies made 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 authorization from the Vendor.
Any other use constitutes infringement.
13- Applicable law
The sales of products of the Vendor are subject to Irish Law.
14- Data processing and Civil liberties
The data collected will be processed for the purpose of sending out a newsletter and/or processing the
Customer’s order.
The recipients of the data are the Vendor and its service providers.
The Customer has the right to access, change, correct and delete personal information concerning them by
contacting the Vendor by email.
15- Gift Message Terms
We reserve the right to reject the printing of a gift message or e-gift voucher which includes any content or material which:
- is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
- contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
- may harass, upset, embarrass or alarm any person
- gives the impression that it emanates from or has been approved by us
- advocates, promotes or assists any unlawful act
GENERAL CONDITIONS OF USE OF THE LOYALTY PROGRAM
“CLUB CLARINS”
1. SUBJECT
1.1. The "CLUB CLARINS " Loyalty Program is offered by Nevinar Cosmetics Ltd, registered in the Republic of Ireland under company number 439933, Clarins Ireland, 4B Lazer Lane, Dublin 2, D02 PP89, Ireland.
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 Republic of Ireland (the “Territory”), when purchasing [CLARINS brand products (the "Products") and CLARINS skincare services and using a CLARINS gift card] [in a store or on the CLARINS website as identified below] or [with non-purchase related mechanics specified thereafter.]
1.3. It is specified that the following physical point of sale are eligible for the operation:
- CLARINS Boutiques & Spas
- www.clarins.ie
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.
1.5. It is specified that any purchase made in another point of sale than those mentioned above are not eligible for this operation.
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.
1.7. [The "CLARINS CLUB" Loyalty Program (“Program”) is a Loyalty Program that replaces the former Clarins Loyalty Program.
2. MEMBERSHIP ELIGIBILITY
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]
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.
3. PROGRAM ENROLLMENT
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 does not have a personal account and wishes to become a Member, he/she must fill out the registration form on the Website and then check the box “Sign me up for the Club Clarins loyalty program to earn points for free points and other rewards”.
- If the applicant already has a personal account and wishes to become a Member, he/she must connect to it on the Website select “My Account” and then click on the button at the bottom of the page “Sign me up for the Club Clarins program to earn points and other rewards”.
3.2. In participating CLARINS boutiques: Eligible individuals may enroll in the Program by requesting it directly to the Beauty Consultant.
3.3. By doing the request to CLARINS Customer Service by completing the contact form available on the Website.
3.4. Whether the program enrollment is made on the Website or in participating CLARINS boutiques or with CLARINS customer care, 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”.
3.5. 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.
3.6. 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 the Beauty Consultant in the physical points of sale eligible for the operation CLARINS Boutiques, or to CLARINS Customer Service by completing the contact form available on the Website.
3.7. The Program is effective from the moment CLARINS validates the Membership form [on the Website or in the physical point of sale eligible for the operation]. 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 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.
3.8. 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.
3.9. 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.
3.10. 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.
3.11. 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.
4. HOW THE “CLUB CLARINS” LOYALTY PROGRAM WORKS
4.1. Cumulative points
The Member earns points that determine which rewards he/she can redeem and his/her status level.
4.1.1 Points earned on the spent amount
- Members earn points based on the spent amount, 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 “My Account” and then by selecting the heading “Choose My Rewards” or Clarins boutiques at points of sale. 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 accessible here: www.clarins.ie/club-clarins-loyalty-program/.
The modalities applicable to the calculation of points are as follows:
- €1 spent on the purchase of a product online or in Clarins boutiques = 10 CLUB CLARINS point earned. This modality is subject to the following list of exceptions: delivery charges, loyalty voucher codes and online gift vouchers.
The Member may consult his or her points balance at any time by logging into his or her personal account on the Website under the heading “My Account”, it being specified that the online counters are not updated in real time. The Member may also be informed of his/ her points balance at any time in CLARINS Boutiques by asking directly to his or her Beauty Consultant who will process the request.
4.1.2. 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 50 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") or by requesting it directly to the Beauty Consultant in participating CLARINS boutiques. The points earned are automatically credited to the Member’s account. The Member can enjoy bonus points from time to time during special promotional periods.:
4.1.3 The 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
4.1.4. The 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
4.1.5. In the event of a dispute over the number of points accumulated, only the information contained in the CLARINS database will be considered authentic.
4.1.6. Points will be added on a single counter within the Member’s account.
4.1.7. All Points are valid for 12 months after the last declared purchase date of the Member. The Member may use his/her points at any time before they expire. Points collected with non-purchase related mechanics will be also valid for 12 months after the last declared purchase and no validity extension can be requested for by the Member. For example, if the Member placed his/her last purchase on March 15, 2022, and earns points thanks to a non-purchase related mechanic such as the purchase of a routine mechanic, on November 1, 2022, the totality of his/her points will expire on March 14, 2023.
4.1.8 In order for the Member’s purchases & brand activities to qualify for the Program, the Member must be enrolled in the Program and either (1) for purchases, be logged into his/her online account or his/her account linked to the purchase at the time of purchase or when submitting his/her qualifying receipt(s) from an authorized retailer ; 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.
4.1.9 Members will not receive points or benefits from purchases made at airport store locations or from purchases made at non-authorized retailers. Purchases made in retail stores outside of the Territory are not eligible for the Program.
4.1.10 Points have no monetary value, cannot be exchanged and can only be used within the CLARINS CLUB Loyalty Program.
4.2. STATUS
4.2.1. The Program is a status-based Program determined by the number of points a Member has earned within a rolling 12-months basis on eligible purchases and through qualifying activities, beginning on the date when the Member enrolls or reaches a new status. There are [3] status with associated benefits:
-
Status 1: Red: 0 to 1,499 points]
- Access to the rewards catalog
- €10 birthday voucher on orders €50+
- Double points on special occasions
-
Status 2: Silver: 1,500 to 5,999 points
- Access to the rewards catalog
- €10 birthday voucher on orders €50+
- Double or triple points on special occasions
- Up to €20 Club Clarins Vouchers
- Exclusive early access
-
Status 3: Gold: 6,000 +
- Access to the rewards catalog
- €15 birthday voucher on orders €50+
- Double or triple points on special occasions
- Up to €20 Club Clarins Vouchers
- Exclusive early access
- FREE shipping on all orders
4.2.2. When the Member joins the Program, the Member will be automatically eligible for Status 1, Red and associated benefits. Once the Member earns at least 1,500 points during the 12 months following obtaining this status , the Member will be automatically moved up to Status 2, Silver. If the Member earns 6,000 points or more in his/her first year or earlier, the Member will qualify for Status 3, Gold.
4.2.3. Status 1 is valid for an undetermined period of time unless a higher status is reached. Status 2 and 3 are valid for 12 months from when the Member first qualifies for those status. After that, the Member will need to have earned enough points within a rolling 12-months basis on eligible purchases and through qualifying activities for that status again to renew. Otherwise, the Member will be in the status that corresponds to the number of points earned.
4.2.4. When the Member uses his/her points for rewards, his/her Status level will not change as the status is determined by the number of points a Member has earned within a rolling 12-months basis on eligible purchases and through qualifying activities.
4.3 REWARDS AND BENEFITS OF THE PROGRAM
4.3.1. When the Member reaches a reward level, he/she can choose to use his/her points to benefit from the rewards offered (the points used will be deducted from the Member's balance) or to continue to accumulate points to reach the next level.
4.3.2 If the Member chooses to use his/her Loyalty points for rewards, he/she can redeem his/her Loyalty points and obtain a reward on the Website and in CLARINS Boutiques.
4.3.4 To redeem rewards the Member must have accumulated the minimum number of points as established by CLARINS for a particular benefit. There are [3] rewards levels with associated benefits:
- Tier 1: Red: 0 to 1,499 points
- Tier 2: Silver: 1,500 to 5,999 points
- Tier 3: Gold: 6,000+ points
The Member can redeem his/ her cumulated points for rewards at maximum 4 times per year.
4.3.5 The selection of reward for each tier level can be viewed on the Website and is accessible from a personal account in the headings “CLUB CLARINS / my rewards” and can update at any moment the selection of rewards. Rewards can be of different nature:
- Products
- CLARINS vouchers applicable on the Website
- Gifts
4.3.6. On the Website, the Member can redeem his/her point for products, CLARINS vouchers applicable on the Website:
- The Member must connect to his/her personal account on the Website and select the headings “Choose my rewards”.
- The products / gifts are shipped to the address provided by the Member in his/her account when also placing an order. Shipping fees apply to orders below €50. Delivery is free for Gold members.
- The Member may redeem multiple rewards per order.
For CLARINS Boutiques, the Member can redeem his/her point for products only. The Member makes his or her choice directly to his or her Beauty Consultant who will process the request. The Member receives the gift immediately in person when it is requested in a CLARINS Boutique. The Member may redeem multiple rewards at the same time.
4.3.7. Qualifying Members may receive email invitations when a new reward level is reached.
4.4 OTHER SPECIFICATIONS OF THE PROGRAM TERMS AND CONDITIONS
4.4.1. Offers and rewards are available while supplies last and substitutions made by CLARINS in its sole discretion may occur. If the online order is not completed for any reason, any offers or rewards will be removed from the shopping basket and may no longer be available. The Member is not required to redeem his/her accumulated rewards and/or benefits. Depending on the availability of a particular reward, CLARINS may be unable to reship offers or rewards if they arrive damaged, if the Member received the wrong one, or if one is missing. In these cases, the Member should contact CLARINS customer service by completing the contact form available on the Website.
4.4.2. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the Member paying for the products may accumulate rewards, benefits and/or points. CLARINS reserves the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
4.4.3. Rewards, benefits and points earned through the Program have no cash value, are non-transferable (except as expressly provided in these General Conditions of Use). Purchase balances and/or points credited to the Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these General Conditions of Use. The sale, barter, transfer (except as expressly provided in these Terms), or assignment of any rewards or benefits offered through the Program, other than by CLARINS, is expressly prohibited.
4.4.4. Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.
4.4.5. The Member may not sell or resell any of the products, services, or samples purchases or otherwise received from CLARINS. CLARINS reserves the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to the Member that CLARINS believes, in its sole discretion, may result in the violation of our General Conditions of Use.
4.4.6. CLARINS is not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by the Member or any third party.
4.4.7. CLARINS reserves the right to change Program benefits, how the Member earns points and reaches each Program tier and how CLARINS evaluates and rewards the eligible purchases and/or other Program activity. CLARINS reserves its right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits the Member may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
4.4.8 If the Member has concerns that a purchase or other activity was not properly applied, the Member should contact CLARINS Customer Service by completing the contact form available on the Website. The email of the Member must specify his/her name and email address associated with the Program, the date of the Program activity, and the issue(s) encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. CLARINS is not responsible for late notifications about purchases or other Program activities not being credited to an account.
5. PROGRAM AND MARKETING COMMUNICATIONS
5.1. By enrolling in the Program, the Member may receive privileged communications strictly related to his/her membership] ('Program communications') by email, mail and/or SMS according to his/her communication preferences, as follows:
- Welcome CLUB CLARINS
- Points expiry alert
- Points balance reset
- New reward catalog level reached
- Status downgrade alert
- Status upgraded
- Status renewed
- Status downgrade
- Birthday offer announcement
These Program communications will be sent regardless of whether the Member has opted-in to CLARINS marketing communications. If the Member does not want to receive Program communications, he/she will have to unregister from the Program. [option to opt-out is recommended]
5.2. In order to receive CLARINS marketing communications ('Marketing communications'), the Member must log in to his/her account and give his/her consent by ticking the checkbox "I agree to my data being used to provide me with personalized offers from CLARINS, including on social networks and other websites" and selecting Email, mail and/or SMS. The Member can opt-out at any time from Marketing communications, by logging into his/her account, by following the link "unsubscribe" contained in each emails or by replying "STOP" to a SMS.
6. TERMINATION AND MODIFICATION
6.1. The Program and its benefits are offered at CLARINS’ sole discretion. CLARINS may cancel, modify, restrict or terminate these General Conditions of Use, the FAQs and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
6.2. To keep his/her account active the Member must log in to his/her Program account and make a purchase within 12 months.
6.3 Any suspected abuse of the Program, failure to follow any General Conditions of Use, [Membership inactivity for more than 12 months (as described in 6.2) ], illegal activity, fraud, misrepresentation or other conduct inconsistent with these General Conditions of Use and/or detrimental to CLARINS or CLARINS’ interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of the Membership and make the Member ineligible for further participation in the Program. If the Membership is revoked, any rewards or benefits in the account of the Member will automatically expire and the access to the Program and features will automatically terminate.
6.4. If the Member decides to no longer be a part of the Program, the Member may cancel his/her Membership at any time by opting-out of the Program in his/her account on the Website; or by contacting CLARINS Customer Service by completing the contact form available on the Website or in CLARINS Boutiques by requesting to opt out to the Beauty Consultant who will process the request.. If the Member cancels his/her Membership, he/she will lose all accumulated points, benefits and tier status.
6.5. Cancellation of the Membership in the Program is the Member’s sole remedy. CLARINS has no other obligation, liability, or responsibility.
7. PERSONAL DATA
7.1 Nevinar Cosmetics Ltd, registered in the Republic of Ireland under company number 439933, Clarins Ireland, 4B Lazer Lane, Dublin 2, D02 PP89, Ireland is responsible for the processing of personal data for the “CLUB CLARINS” Loyalty Program.
7.2. 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 Websiteand/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.
7.3. 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.
7.4. 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. In order to exercise these rights, the Member must send his or her request after justifying her/his identity by completing the contact form on the website. 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.
7.5. To learn more about CLARINS’ privacy policy, the Member is invited to consult the Privacy Policy: https://www.clarins.ie/customer-service-privacy-security/privacy_policy.html
8. RESPONSIBILITY
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.
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.
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.
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.
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.
11. MEDIATION
11.1. 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.
11.2. The Member may refer the matter to the Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland. www.dataprotection.ie
11.3. The European Commission also offers a one-stop shop for consumers and professionals wishing to resolve disputes arising from online transactions out of court. This service is available at http://ec.europa.eu/odr If the Member/applicant has any questions regarding the resolution of a possible dispute, please contact CLARINS Customer Service by completing the contact form available on the Website.
