Welcome to arianepoole.com. By using and placing orders for products and/or services on the Ariane Poole Cosmetics Ltd. website you are agreeing to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the website. Please read these Terms and Conditions carefully because they contain important information about the ordering, processing and delivery of Goods and/or Services, including limitations of liability.
The Ariane Poole website is provided solely for your personal use. You may not use the website for any commercial purpose whatsoever. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently; the website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions in part or in whole, from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
The following definitions will apply to these Terms & Conditions:
"Terms and Conditions" means these terms and conditions.
“We, Us, Our, Ariane Poole means Ariane Poole Cosmetics Ltd. Reg. No. 09254120. Registered Office 91 Gower Street London WC1E 6AB.
“Website” means the sites available from http://www.arianepoole.com or any subsequent URL or sub domain that may be owned or operated by Ariane Poole or that replace it.
“You and Your ” means you as the User of the Website.
"Users" means the users of the Website collectively.
“Business Day” means a weekday in which a bank is open for business in London, UK.
"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
“EU” means a country that at the time of purchase is part of the European Union of Countries.
“Non EU” means a country that is not part of the European Union at the time of purchase.
“VAT” is a Goods and Services Tax set by the UK Government.
“Goods, Services, Gift Cards” means the items offered for sale described or displayed on the Website.
“Shipping Address” means the address to which the Goods are to be shipped and delivered as entered by you on the Website or at Checkout.
“Shipping & Handeling Fee” means the fee charged that is added to your purchase for a third party courier or postal carrier to deliver the goods to you however, we will ultimately be responsible for managing the delivery of your Goods, therefore, for the purposes of these Terms and Conditions, all references to "we", "us", or "Ariane Poole", will be taken to include such third parties.
“Gift Cards” means a Gift Card issue by Ariane Poole. You or whom you gift the Gift Card, can use the Gift Card for non-cash payments for goods and/or services from the Website only. They can be redeemed for goods and/or services via the coupon code in our shopping cart (Called My Bag on the Website) however, coupon codes can only be used once therefore, any unused amount of the Gift Card will be forfeited if not wholly used in the purchase.
“Law” means the laws of England.
“Order” means a request by you to purchase Goods/Services/Gift Cards from the Website under these Terms and Conditions.
"Product" means any item displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and Delivery Fees), photographic or video representations and descriptions of a Product.
“Services” means a service displayed for sale on the Website.
“Personal Information” mean any information you provide us with regarding your account information or during the purchase process of any goods and or services thought the Ariane Poole Website.
“Price” means the purchase price of each Good, Service or Gift Card as specified on the Ariane Poole Website (all prices include VAT).
“Returns Policy” means the Returns Policy found on the Ariane Poole Website. Please take a moment to review our Return Policy
“Website Terms” means the terms governing your use of the Ariane Poole Website, in addition to these Terms.
Access to the Website may be suspended, restricted or terminated at any time without notice.
All Prices are subject to change without notice.
For the purpose of this agreement singular can mean plural and visa versa.
All text, graphics, photographs, logos, trademarks, artwork, sounds, video, music, user interfaces, visual interfaces and computer code collectively or in part (known as the Content) belongs to Ariane Poole (or is licensed to Ariane Poole). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without prior written permission from Ariane Poole.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.
1. Product Descriptions on the Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes etc. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then Ariane Poole shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
2.2 If, due to unforeseen circumstances or in the event of supply difficulties a Product is not available for any reason, Ariane Poole will contact you directly via your Personal Information prior to Shipping part or whole of your Order.
3. Pricing Policy
3.1 All Product prices on the Website are in pounds (£) sterling and are inclusive of UK value added tax ("VAT"), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. You may choose a different currency, either EUR (Euros), USD (US Dollars), AUD (Australian Dollars) by using the drop down menu in the top left corner of every page of the Website or, your payment provider Visa, MasterCard or PayPal will perform an exchange calculation at their own discretion, at the time of purchase. Product prices are subject to change without notification and any promotional discounts or offers may be withdrawn at any time.
3.2 Although we try to ensure all our Product prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.
4. Order Process
4.2 The technical steps to place your Order and create a contract of sale between you and us are, as follows:
a) You place an Order on the Website by pressing the (red) “Place Order” button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s)/Services(s)/Gift Card(s) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) As your Order is shipped by us we will send you a dispatch confirmation email usually containing a shipping tracking number. Please note, that we may also send you an SMS to notify you that your Order has been dispatched. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated shipping address.
4.3 The contract between you and Ariane Poole will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. Title in your Order (and so risk of loss or damage to such) will pass to you on the date on which we receive payment in full for the Order.
4.4 We shall be entitled to supply Products ordered as part of one Order in installments and each installment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched separately. We also reserve the right to supply only part of an Order.
4.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) Your Order is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) There is a system or procurement failure;
that prevent us from being able to sell or deliver it to you.
5. Payment and payment methods on the Website
5.1 We accept payment for Orders in GBP (Great British Pounds Sterling £), EUR (Euros), USD (US Dollars), AUD (Australian Dollars) Only.
5.2 We accept payment for Orders by MasterCard, MasterCard (Debit), Visa, Visa Debit, Visa Electron, PayPal and Gift Cards.
5.3 If you choose to pay for your Order using a payment card with a foreign currency denominated account, depending upon which currency you select, your cardholder may take payment in pounds (£) sterling at the foreign exchange rate applied by your relevant credit card provider or bank at the time of processing your Order. Your international credit card provider or bank will determine the exchange rate and may add an additional processing or administration charge, which you will be liable to pay.
5.4 By placing your Order and making an offer to buy a Product/Service/Gift Card, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated shipping address.
6.1 All Product prices shown on the Website are inclusive of any applicable UK VAT regardless of whether you Order from an EU or non EU Country.
7. Promotional discounts and Gift Cards
7.1 Ariane Poole may offer discounts from time to time but such discounts may be removed without notice.
7.2 Ariane Poole Gift Cards can be exchanged for Products/Services offered on the Website only.
7.3 A Gift Card cannot be exchanged for cash or refund.
7.4 If the Products purchased online total less than the value of your gift card, then any balance shall be forfeited and not reimbursed however, a Gift Card can represent part of a purchase with the balance being paid via MasterCard, Visa or PayPal.
7.5 When redeeming a Gift Card via the Website, you will be required to give the serial number on the gift card in the Coupon Code section of our Check Out page.
7.7 If you want to return a Product(s) that you purchased from the Website, please note returns are subject to our Return Policy This may include you paying for the postage and handling both ways. This does not affect your statutory rights.
7.8 If your Gift Card becomes accidentally damaged or if you have any issues with using your Gift Card, please contact Customer Services via email@example.com or call the office telephone number on the Website +44 (0)845 6803459 (UK) in business hours.
8. Gift message
8.1 A gift message facility is available on all Orders (in the Comments Field at the bottom of the Checkout page) and is available for your own personal and strictly non-commercial use. We do not take any responsibility for the contents of messages communicated by you to a third party. Where you use this facility you agree that your message will not include any material that could be construed as defamatory, abusive, obscene, racist, offensive, harassing, threatening, vulgar or which could cause embarrassment or distress to any person. You agree not to impersonate any person, including but not limited to any of our employees or customers. The gift message facility is only available in the Latin alphabet with standard characters.
9.1 You must provide us with complete and accurate delivery address. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or incorrect information.
9.2 All parcels will be delivered by us and will require a signature on delivery.
9.3 Please note that delivery of your Order may take longer during busy periods.
Deliveries within the UK e.g. Christmas, please consider this when placing an Order.
9.4 In relation to Orders, you cannot have Products from the same Order shipped to multiple addresses.
International Delivery Lead Times
9.5 Delivery lead times of your Order to an international address will vary according to its destination as we ship all Orders from the UK.
9.6 We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Ariane Poole shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales.
10. Returns, Refunds & Exchanges
10.1 All customers have the right to cancel their contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order. Please refer to our Returns Policy
11. Personal Information and security
11.1 When you create an Ariane Poole Account, you warrant that:
a) The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
b) You will notify us immediately of any changes to the Personal Information by contacting Customer Services via firstname.lastname@example.org
11.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
11.3 You are fully responsible for maintaining the confidentiality of your Ariane Poole Account and Personal Information, and all activities that occur in relation to your Ariane Poole Account and Personal Information. You agree to immediately notify us of any unauthorised use of your Ariane Poole Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you exit from your Ariane Poole Account at the end of each session by logging out especially if you share a computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
12. Linking to the Website
12.1 You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.
12.2 The Website must not be framed on any other site, and you may not create a link to any part of the Website other than the home page unless with the written approval of Ariane Poole Cosmetics Ltd.
13. Compliance with Laws
13.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
14. Liability and Indemnity
14.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
14.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
14.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
14.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material or Content on the Website or the performance of any Product purchased through the Website or the conduct of other Users of the Website, even if Ariane Poole has been advised of the possibility of such damages.
14.5 The Website may also contain links to other websites, which are not operated by Ariane Poole. When you activate any of these you will leave the Website and we have no control over, and will accept any responsibility or liability in respect of, the material on any website which is not under our control.
14.6 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Ariane Poole Account and/or your Personal Information.
14.7 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
14.8 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents, directors or employees.
15. Comments and Complaints Procedure
15.1 Please contact us if you have any comments or complaints by contacting Customer Service via email@example.com We will always endeavour to resolve any dispute as swiftly as possible however, any decision on the outcome of a dispute will be at the sole discretion of Ariane Poole.
16.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
16.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
16.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
16.4 Ariane Poole reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
17. Entire Agreement
17.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Ariane Poole. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Ariane Poole Cosmetics Ltd. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms and Conditions.
18. Our details
18.1 Ariane Poole Cosmetics Ltd. is registered in England with company number 09254120 registered office address 91 Gower Street London WC1E 6AB Telephone +44 (0)845 6803459 or contact Customer Services via firstname.lastname@example.org
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.