General terms of sale
Effective date: 09 October 2024
Table of contents
Article 1. Definitions
Article 2. Object and modification of the GTF
Article 3. Acceptance of GTS
Article 4. Creating an account
4.1. Account creation procedure
4.2. Login management
4.3. Unsubscribing
Article 5. Products
Article 6. Prices
Article 7. Orders
7.1. Order procedure
7.2. Order date
7.3. Product availability
Article 8. Right to cancel
8.1. Cancellation period
8.2. How to cancel
8.3. Returns policy
8.4. Return shipping
8.5. Effects of cancellation
Article 9. Payment
9.1 Means of payment
9.2. NUXE E-gift card
9.3. Refusal to pay
Article 10. Delivery
10.1. Delivery area
10.2. Terms of Delivery
10.3. Preparation and shipping deadlines
10.4. Delivery times & Delivery costs
10.5. Delivery Delay
Article 11. Packaging
Article 12. Warranties
12.1. Legal guarantee in regards to faulty items
Article 13. Liability
Article 14. Force majeure
Article 15. Personal data
Article 16. Complaints - the NUXE customer service department
Article 17. Intellectual property
Article 18. Severability
Article 19. Jurisdiction and applicable law
These general terms of sale (hereinafter referred to as "GTS") apply to all individuals and entities with consumer status who make a purchase (hereinafter referred to as "Customer") on the website www.uk.nuxe.com (hereinafter referred to as "Site") from NUXE UK Limited, a private limited company, whose registered office is located at 46 New Broad Street London UNITED KINGDOM, registered under number 08008059 (hereinafter referred to as "Seller" or "NUXE").
ARTICLE 1. DEFINITIONS
The terms used below have the following meanings in these GTS:
"Customer" refers to a consumer as defined by UK consumer rights laws and regulations.
"GTS": means these general terms of sale which apply to any purchase made by a natural person with consumer status on the Site from the Seller.
"Order": refers to the purchase of Products by a Customer on the Site, all Orders being executed with the obligation to purchase.
"Account": refers to the space dedicated to the Customer and associated with all the data provided by the Customer. Access to the Account is via the Customer's Login details.
"Login details": refers to the e-mail address provided during registration and the password chosen by the Customer, which are required to access their Account on the Site.
"Delivery": refers to the first presentation of the Products ordered by the Customer at the delivery address indicated on the Order.
"Products": refers to all products and e-gift cards marketed and offered for sale by the Seller on the Site.
"Site": refers to this website, www.ukr.nuxe.com
"Territory" means mainland United Kingdom.
"Seller": refers to the company LABORATOIRE NUXE.
ARTICLE 2. OBJECT AND MODIFICATION OF THE GTS
These GTS govern the sale and delivery of Products ordered by the Customer from the Seller via the Site and apply to all Orders placed online on the Site.
The GTS may be modified and updated by the Seller at any time. The applicable GTS are those in force at the time of the Order.
Modifications to the GTS will not apply to previous Orders.
ARTICLE 3. ACCEPTANCE OF GTS
Any Order placed on the Site implies the Customer's unreserved acceptance of these GTS, and the Customer consents to the use of electronic means to inform the Customer of pre-contractual and contractual information, as well as the Customer's rights.
The Customer is requested to carefully read, download, print and/or keep a copy of the General Terms of Sale, which are accessible at the bottom of each page of the Site by clicking on "General Terms of Sale".
The Seller advises the Customer to read the GTS with each new Order, as the latest version of these GTS will apply to all new Orders for Products.
By clicking on the "Add to basket" button to place the Order, then on the second "Confirm order" button to confirm the Order, and by ticking the box provided for this purpose, the Customer acknowledges having read, understood and accepted the GTS without limitation or condition.
ARTICLE 4. CREATING AN ACCOUNT
The information relating to its creation, modification and deletion of an account is set out in this article.
4.1. Account creation procedure
All Customers have the option of registering on the Site to create an Account. Customer registration on the Site is free of charge.
To open an Account, the Customer must:
- Fill in the required information;
- Enter their e-mail address;
- Choose a password.
All the required information must be entered before the account can be created. It will be collected and processed in accordance with article "personal data" of the GTS and Nuxe’s Privacy Policy accessible by clicking on the link at the bottom of the Site page or by clicking here.
The information that the Customer provides to the Seller during registration must be complete and accurate.
The Customer shall bear the consequences (delay in delivery, impossibility of delivery, return of the Products to the Seller, additional transport costs) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by the Customer for delivery.
The Customer is hereby informed and accepts that the information entered for the purposes of creating or updating their Account constitutes proof of their identity. The information entered by the Customer is binding as soon as it has been validated.
The Customer undertakes to update this information in their Account without delay in the event of modifications, so that it always corresponds to the aforementioned criteria.
The registration of a Customer automatically leads to the opening of an Account in their name, from which they can track their Orders and return requests, and update their personal information.
The Customer's Login details are the e-mail address or username indicated during registration and the password.
The Customer will be able to log in to his Account in order to modify the password. Customers are advised to change their password regularly.
The Customer may access their Account at any time by logging in using their Username.
4.2. Login management
The Customer shall be solely responsible for the use of their Login details or actions taken through their Account.
Under no circumstances shall the Seller be held liable for any impersonation of a Customer. All access and actions carried out from a Customer's Account will be presumed to be carried out by that Customer, insofar as the Seller is not obliged and does not have the technical means to ensure the identity of persons accessing the Account.
4.3. Unsubscribing
The Customer may close their Account at any time by contacting the Seller using the contact form at the bottom of the Site page or by clicking here.
The Seller will delete the Account in line with the Seller’s Privacy Policy accessible by clicking on the link at the bottom of the Site page or by clicking here and will send the Customer an e-mail confirming the deletion.
In the case of Orders in progress, these must be paid for by the Customer and delivered by the Seller before the Account can be closed.
ARTICLE 5 - PRODUCTS
The Seller sells cosmetic products and NUXE e-gift cards.
Prior to placing an Order, the Customer may take note of the essential features of the Product(s) they intend to purchase.
The Seller undertakes to present in a clear, legible and comprehensible manner the essential features of the Products and the compulsory information that the Customer must receive under the applicable legislation, and to verify their accuracy.
These features and information appear on the product sheets provided on the Site.
These sheets contain, in particular, the description, composition, capacity, instructions for use and price of the Product.
The Customer undertakes to read this information carefully before placing an Order on the Site.
The terms and conditions for using NUXE e-gift cards are specified in the "Payment" article of these GTS.
All Products sold by the Seller on the Site comply with current European legislation and standards applicable in England and Wales.
The Customer is required to carefully read the various warnings appearing on the data sheets describing the Products and in particular the various recommendations for use before proceeding with any Order.
ARTICLE 6 - PRICES
For all Products, the Customer will find, on the Site, prices displayed in pound sterling and are inclusive of all taxes, as well as the applicable delivery charges in addition to the price of the ordered Product(s).
In particular, prices inclusive of taxes include Value Added Tax (VAT) at the rate applicable on the Order date.
The applicable VAT rate is expressed as a percentage of the value of the sold Product.
The Customer is informed that the prices indicated on the Site are subject to change, which the Customer accepts. They may also be modified in the event of special offers or sales. The Customer must therefore check the price in force at the time of the Order, which is indicated when the Product is placed in the Customer's basket.
The applicable price is that indicated on the Site on the date the Order is placed by the Customer.
The total amount for the Order may be checked by the Customer at the time of Order confirmation, prior to payment.
ARTICLE 7. ORDERS
In order to purchase one or more Products, the Customer must be at least eighteen (18) years old.
7.1. Order procedure
Orders for Products are placed directly on the Site. To place an Order, the Customer must follow the steps described below.
7.1.1. Product selection
The Customer must select the Product(s) of their choice by clicking on the Product(s) concerned and choosing the desired quantities. Once the Product has been selected, it is placed in the Customer's shopping basket.
7.1.2. Orders
Once the Products have been selected and placed in the shopping basket, the Customer must click on the "View basket" button to check that the contents of the Order are correct (including the quantity, features and references of the ordered Products, the billing address, the means of payment and the price) and choose their gift(s) against purchase, if applicable, before validating the contents.
Once the Customer has validated the contents of the basket, chosen the delivery time and method, and logged in/registered or filled in the necessary information for an order without logging in to an Account, an automatically completed online form will be displayed, summarising the price, applicable taxes and delivery charges.
The Customer may then proceed to pay for the Products using the chosen method of payment, by following the instructions on the Site and providing all the information required for invoicing and delivery of the Products.
7.1.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the Site to acknowledge receipt of the Customer's Order.
A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by e-mail, provided that the e-mail address given on the registration form is correct.
7.1.4. Invoicing
During the Order procedure, the Customer must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be filled in for the Customer's Order to be processed by the Seller).
The Customer must also specify the selected means of payment.
Neither the order form that the Customer draws up online, nor the acknowledgement of receipt of the Order that the Seller sends to the Customer by e-mail, constitute an invoice. Whatever the method of Order or payment used, the Customer will receive their invoice by e-mail to the e-mail address provided in their Account or in the Guest Order form. Regardless of the Order or payment method used, the Customers may download their invoice at any time from their customer account.
7.2. Order date
The date of the Order is the date on which the Seller acknowledges receipt online of the Order. The deadlines indicated on the Site only begin to run from this date.
7.3. Product availability
The Seller undertakes to deliver the Product on the date or within the period indicated to the Customer when selecting the delivery method and deadline.
The unavailability of a Product is indicated on the page of the Product concerned.
Whatever the circumstances, if unavailability was not indicated at the time the Order was placed, the Seller undertakes to inform the Customer without delay if the Product is unavailable.
If the Customer decides to cancel their Order for unavailable Products, i.e. if they refuse the alternative proposed by the Seller, they will be reimbursed for all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was revoked.
ARTICLE 8. RIGHT TO CANCEL
With the exception of the specific case of non-conformity of the Products in relation to the Order, no exchange of Products is possible.
After confirmation of the Order by the Seller or receipt of the Products, if the Customer no longer wishes to purchase the Product, they must, under their right of cancellation, return the Product(s) in accordance with the conditions set out below and will be reimbursed subject to compliance with said conditions. To obtain a new Product, the Customer must place a new Order on the Site.
Pursuant to UK consumer rights laws and regulations, the Customer has, in principle, the right to cancel by returning the Product to the Seller, without giving any reason.
8.1. Cancellation period:
The cancellation period expires fourteen (14) calendar days (including Saturdays, Sundays and public holidays) after the day on which the Customer, or a third-party designated by the Customer, other than the carrier, takes physical possession of the Product(s). If the time-limit expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
In the event that the Customer has ordered several Products via a single Order giving rise to several Deliveries, the cancellation period will expire fourteen (14) calendar days (including Saturdays, Sundays and public holidays) after the day on which the Customer, or a third-party designated by the Customer, other than the carrier, takes physical possession of the last Product.
Please note that this right does not apply to goods and services worth less than £42.
8.2. How to cancel:
In order for the cancellation period to be respected, the Customer must present their communication concerning the exercise of the right of cancellation before the end of the cancellation period.
To exercise their right of cancellation, the Customer must notify their decision to cancel by means of an unambiguous statement (for example: message sent via the contact form accessible by clicking on the link at the bottom of the Site page or by clicking here)
To do this, they can use the template reproduced below:
For the attention of from NUXE UK Limited, 46 New Broad Street London UNITED KINGDOM.
I/We hereby notify you of my/our cancellation from the contract for the sale of the Product(s) below:
- Product: [To be completed]
- Ordered on [To be completed] or delivered on [To be completed]
- Customer address: [To be completed]
- Date: [To be completed]
8.3. Returns policy:
In any event, the Customer must return the Product(s) to the Seller no later than fourteen (14) days after communicating their decision to cancel in accordance with these GTS. This deadline is deemed to have been met if the Customer returns the Product(s) before the fourteen (14) day deadline has expired.
The Product(s) must be returned to the address indicated by the Seller and in accordance with the Seller's instructions specified in the returns policy accessible at the bottom of the Site page or by clicking here, in their original packaging and in perfect condition for resale.
The Seller reserves the right to dismiss the Customer's right of cancellation for products that are returned unsealed, for reasons of health and safety.
8.4. Return shipping:
The Customer shall bear the direct cost of returning the Product(s).
If the amount of the Customer's original order has enabled them to obtain a benefit (free shipping, gifts, etc.), the refund of the returned Products will be possible subject to the return of the gifts at the same time as the Products.
8.5. Effects of cancellation
Pursuant to UK consumer rights laws and regulations in the event of proper retraction by the Customer, the Seller undertakes to reimburse all sums paid, including delivery charges, without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to cancel, it being specified, however, that the Seller may defer reimbursement until recovery of the Products in saleable condition, or until the Customer has provided proof of shipment of the Products, whichever comes first.
If the Customer returns only part of the Order, the delivery charges will be reimbursed as follows:
- If the shipping costs depend on the number of items ordered (for example, varying by price range of the Order), they will be reimbursed in proportion to the items returned by the Customer;
- If shipping costs are flat-rate, they will not be reimbursed.
The Seller is not obliged to reimburse additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard method offered by the Seller.
The Seller will make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer has expressly agreed to the use of another means of payment and insofar as the refund will not incur any costs for the Customer.
ARTICLE 9. PAYMENT
Payment is made at the time of the Order.
9.1. Means of payment The Customer may pay for Products online on the Site by:
- Bank card
- Apple pay
- Google pay
- NUXE E-gift cards
- Credit(s) on Account if applicable.
The Customer guarantees the Seller that they hold all the authorisations required to use the chosen means of payment.
The Seller will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site.
9.2. NUXE E-gift card
The NUXE e-gift card is valid for one year from the date of purchase, only on the uk.nuxe.com website, for all Products (except e-gift cards). It can only be used once. After the expiration date, the NUXE e-gift card can no longer be used.
The NUXE e-gift card cannot be combined with promotional codes.
It is not possible to combine several NUXE e-gift cards in the same Order.
The NUXE e-gift card can be used as follows:
- The Customer chooses the Products they wish to purchase and adds them to their basket;
- Once the selection of Products has been made, the Customer accesses their shopping basket, which they validate.
- At the payment stage, the Customer must enter the unique code of their NUXE e-gift card in the "promotional code" field.
4 The amount of the NUXE e-gift card will then be deducted from your order.
If the amount of your NUXE e-gift card is not enough to cover all your purchases, you can complete the payment process by using other payment methods.
The NUXE e-gift card is not divisible; if the value of the NUXE e-gift card is greater than the amount of the purchase, the Customer will not receive the difference; the balance is neither refundable nor usable for a future purchase. The entire remaining amount will be forfeited.
The amount of the NUXE e-gift card does not cover delivery costs, which must be paid extra by the Customer.
If your Order paid using a NUXE e-gift card has been cancelled, the NUXE e-gift card will no longer be usable; in this case, the Customer must contact the NUXE customer service department using the contact form accessible at the bottom of the Site page or by clicking here.
9.3. Refusal to pay
In the event that, for any reason whatsoever, objection, refusal or other, the payment is not completed, the Order will be cancelled and the sale automatically terminated.
The Seller reserves the right to suspend the processing of an Order or delivery in the event of non-payment.
The Seller reserves the right to refuse to honour an Order from a Customer who has not paid for all or part of a previous Order, or with whom there exists a payment dispute.
ARTICLE 10. DELIVERY
10.1 Delivery area
The Products offered can only be delivered within the Territory that is to say United Kingdom.
10.2. Terms of Delivery
After choosing the delivery method, the Customer must clearly indicate all information relating to the Delivery, in particular the exact delivery address, as well as any access code for the delivery address in the case of delivery at home.
The delivery methods offered are listed below:
- Locker /pick-up point delivery
- Standard delivery at home
- Express delivery
Information on delivery methods (delivery times, prices, etc.) is also available on the "Delivery Policy" page at the bottom of the Site page or by clicking here.
10.3. Preparation and shipping deadlines
The preparation time is the time required to prepare the order.
The delivery time is the time required to dispatch the order from the moment when the order is ready to be dispatched from the logistics preparation warehouse to the delivery address chosen by the Customer.
The time required to prepare an Order, before dispatch of Products in stock, is mentioned in the "Delivery Policy" section, which can be accessed at the bottom of the Site page or by clicking here. These deadlines do not include week-ends or public holidays.
An e-mail will automatically be sent to the Customer when the Product(s) making up the Order are dispatched, provided that the e-mail address given in the registration form is correct.
10.4. Delivery times & Delivery costs
During the Order process, the Seller informs the Customer of the possible delivery times and methods for the purchased Products. Delivery charges are calculated according to the delivery method, the weight of the parcel, the speed of transport and the delivery address.
The costs will be payable by the Customer in addition to the price of the purchased Products.
Details of delivery times and costs can be found in the "Delivery Policy" section at the bottom of the Site page or by clicking here.
10.5. Delivery Delay
In the event of failure by the Seller to fulfil their obligation to deliver, i.e. in the event that the maximum period of thirty days after confirmation of the Order is exceeded, with the exception of a case of force majeure, the Customer may cancel their order, by writing to the NUXE Customer Service Department, by using the contact form at the bottom of the Site page or by clicking here.
The contract shall be deemed cancelled upon receipt by the Seller of the letter or written document informing them of such cancellation, unless the Seller has complied in the meantime.
When the contract is cancelled under the conditions of this article, the Seller will reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the contract was revoked.
ARTICLE 11. PACKAGING
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
The Customer undertake to comply with the same standards when returning Products under the conditions set out in the article relating to the right of cancellation.
ARTICLE 12. WARRANTIES
All Customers benefit from "legal" warranties for all Products, which are detailed below.
The Seller therefore undertakes to deliver a Product:
- Compliant with the Order, i.e.
- fit for the purpose ordinarily expected of a similar Product and where applicable:
- corresponding to the description given by the Seller and possessing the qualities that the Seller has presented to the Customer in the form of a sample or model;
- have the qualities that the Customer may legitimately expect in the light of public statements made by the Seller or their representative, particularly in advertising or labelling;
- Or having the features defined by mutual agreement between the Parties or being suitable for any special use sought by the Customer, brought to the attention of the Seller and accepted by the latter.
- And free from hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the Customer would not have purchased it, or would have paid a lower price for it, had they been aware of them.
In the event of non-conformity of a Product or delivery of a Product revealing a hidden defect, the Customer shall contact the NUXE customer service department using the contact form accessible at the bottom of the Site page or by clicking here.
The Customer follows the instructions provided by the NUXE customer service department also available in the returns policy at the bottom of the page or by clicking here.
12.1. Legal guarantee in regards to faulty items
In accordance with UK consumer rights laws and regulations, if the Customer discovers a fault after the item(s) have been accepted the Customer may be entitled to have the item(s) repaired or replaced. Please note that Customers in England and Wales have up to 6 years to make a claim for an item that has been purchased from the Seller, and 5 years in Scotland.
Where the Customer has reported a fault, the Seller will have 6 months to repair or replace the item(s) unless the Seller can provide that the item(s) was not faulty when purchased.
The Seller reserves the right the ask the Customer to provide proof that the item(s) were faulty at the time of purchase if the fault is reported 6 months or more after the item(s) is accepted.
ARTICLE 13. LIABILITY
The Seller may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular during the Order entry process.
The Seller shall not be held liable, or considered to have failed, for any delay or non-performance of any of their obligations described in these GTS, when the cause of the delay or non-performance is related to a case of force majeure.
It is further specified that the Seller has no control over websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
Nothing in these GTS seeks to exclude or limit the seller’s liability to the extent that it cannot lawfully be excluded or limited.
ARTICLE 14. FORCE MAJEURE
The Seller may not be held liable if the non-performance or delay in the performance of any of their obligations described in these GTS is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the control of the Customer or the Seller, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations.
In the event of one of the aforementioned events, the Seller will endeavour to inform the Customer as soon as possible.
ARTICLE 15. PERSONAL DATA
All personal data collected by the Seller is processed in accordance with the UK Data Protection Act 2018 (“DPA’18) and the UK General Data Protection Regulation (“GDPR”).
For more information on how their personal data is processed and on the Customer's rights, the Customer is requested to consult the Seller's personal data policy, which can be accessed accessible by clicking on the link at the bottom of the Site page or by clicking here.
To exercise their rights in accordance with this policy, the Customer must send a written request to the Seller via the contact form available at the bottom of the Site page or by clicking here.
ARTICLE 16. COMPLAINTS – THE NUXE CUSTOMER SERVICE DEPARTMENT
All customer complaints must be sent to the NUXE customer service department using the contact form at the bottom of the Site page or by clicking here
ARTICLE 17. INTELLECTUAL PROPERTY
The Site is an intellectual work protected by intellectual property law. The Site and each of its components (such as, in particular, trademarks, logos, photographs, images, illustrations, texts, slogans, videos, etc.) are the exclusive property of the Seller, who alone is entitled to use the related intellectual property rights and personality rights.
No right of use may be granted in respect of any of the intellectual property rights appearing on the Site. The seller reserves the right to take legal action against any infringement of their intellectual property rights.
Reproduction of any documents published on the Site is authorised solely for information purposes and for strictly personal and private use. Any reproduction and/or representation, in whole or in part, use, adaptation or modification of the Site or of any of its components on any medium whatsoever, and in any form whatsoever, for any other purpose, in particular for commercial purposes, is expressly prohibited.
Any reproduction and/or representation of the Site or of any of its components must be expressly authorised in advance by the Seller. Any unauthorised use constitutes an infringement punishable by law.
Hyperlinks to the Site may only be created with the prior written authorisation of the Seller. This authorisation by the Seller will in no case be granted definitively. This link must be removed at the Seller's request. Hypertext links to the Site that use techniques such as framing or in-line linking are strictly prohibited.
The Seller declines all responsibility for the content, advertising and Products available on or from sites linked to the Site.
The trademarks mentioned on the Site are registered and therefore protected and are the exclusive property of the NUXE group.
Acceptance of these GTS implies that the Customer acknowledges the Seller's intellectual property rights and undertakes to respect them.
ARTICLE 18. SEVERABILITY
If any provisions of these GTS are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provisions shall be deemed severed from these GTS. The remainder of these GTS shall remain valid and enforceable.
ARTICLE 19. JURISDICTION AND APPLICABLE LAW
These GTS and the relationship between the customer and the seller are governed by, and construed in accordance with, the law of England and Wales
Any disputes concerning these GTS, the relationship between the Consumer and Seller or any matters arising therefrom or associated therewith, whether contractual or otherwise, shall be subject to the jurisdiction of the courts of England and Wales.
Prior to any recourse, the Customer is requested to contact the NUXE customer service department using the contact form accessible at the bottom of the Site page or at the address here.
If no amicable agreement can be reached in respect of a dispute between the Customer and the Seller, the Customer may, in the event that they receive faulty goods, contact Citizens Advice or submit a complaint to the relevant Ombudsman. More information regarding this can be found here [www.gov.uk/consumer-protection-rights].