GENERAL TERMS OF SALES

Preamble

Thank you for using our Services ! www.caudalie.com (hereinafter referred to as “the Site") is an online e-commerce Site accessible on the internet. It is edited by the company CAUDALIE Hong Kong Limited registered in Hong Kong under company number CI no: 1829153 whose registered office is at Unit A, 17/F Yardley Commercial Building, 3 Connaught Road West, Sheung Wan, Hong Kong. You can contact CAUDALIE by calling +852 3974 6121 (freephone number, lines open Monday to Friday, 9.30am to 6.30pm).

Please read the following Terms of Sales (these “Terms”) carefully before using the Site

Via the Site, CAUDALIE offers cosmetic products for sale (hereinafter the “Products”) to users browsing the Site (hereinafter “Users”). To enforce these terms and conditions, it is agreed that the User and CAUDALIE will be collectively referred to as the “Parties” and individually as the “Party”, and that a User who has confirmed an order will be referred to as the “Purchaser”. The User’s rights and obligations will necessarily apply to the Purchaser. It is specified that the Products are intended for the User’s personal use, and have no direct relationship to the User's professional activity.

Users who want to make a purchase on the Site declare that they have full legal capacity to do so. CAUDALIE cannot verify the legal capacity of the User or Purchaser. Accordingly, if a Purchaser does not have sufficient legal capacity to order Products on the Site, their legal guardians must assume full liability for this purchase, in particular the payment thereof.

 

Article 1. Purpose

The purpose of these General Terms and Conditions of Sale is to set out, solely as a result of the relations they establish on the internet and only on the Site, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. The Purchaser acknowledges that they have read these terms and conditions before placing the order, and that ordering on the Site entails the Purchaser's unreserved acceptance and prior complete agreement with these General Terms and Conditions of Sale and warranties, which prevail over any other document, save for special terms and conditions expressly agreed in writing by CAUDALIE.

CAUDALIE reserves the right to amend these General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale applicable to any order are accepted by the Purchaser at the time the order is confirmed.

These General Terms and Conditions of Sale are completed by the Personal Data and Cookies Charter.

 

Article 2. Products – Prices

Products

The Products offered for sale by CAUDALIE are those shown on the Site, on the day the User consults the Site, subject to stock availability. The photographs illustrating the Products are not contractually binding.

Prices

The prices for the Products are shown in Hong Kong dollars (HKD). CAUDALIE reserves the right, which the User hereby accepts, to amend its prices at any time but the Products will be billed on the basis of the prices in force at the time the order is placed, subject to availability of the said Products. Any carriage charges will be billed in addition.

Article 3. Placing and confirming the order

Browsing on the Site

The User may freely browse the different pages of the Site, without being obliged to make any purchase.

Placing an order

If the Users want to place an order, they choose from the different Products in which they are interested, and show their interest by clicking on the “Buy” box.

At any time, the Users may

  • obtain a summary of the Products they have selected or amend their order, by clicking on “my cart”.
  • Complete their Products selection and place an order, by clicking on “my cart”.

A summary of the order will then appear on the screen. If the list shown corresponds to the Products they have chosen, the Users may continue their order by clicking on: “Checkout”. The Users may identify themselves, either by entering their e-mail address and password, if they are already customer or member of the MY CAUDALIE loyalty programme, or by accurately completing the form provided, on which they must enter the information needed for identification, in particular their last name, first name and postal address. The Users are informed and accept that entering any identification is proof of their identity and expresses their consent.

During the ordering process, the Users may amend and correct the data entered such as the contents of the cart, the delivery and billing address, before final confirmation of the order.

 

Validation of the order

After the Users have read the order summary and filled in all the required information, they must choose a preferred method of payment for the order. The Users must click "Submit my order" to pay for the order. Users may pay for their purchases with a credit card (Visa or credit card). They must enter the name that appears on the card, card number, expiration date, and the CVV code on the back of the card.

All information that is exchanged to process payment is encrypted using the SSL (Secure Socket Layer) protocol. These data cannot be detected, intercepted, or used by any third party. These certifications guarantee that the operational processes and technical solutions used by Adyen comply with the strictest criteria in terms of data exchange security and protection of banking data. At no time will the User’s banking data transit via CAUDALIE's IT system. 

Once the payment is confirmed, the order is placed and becomes irrevocable, without prejudice to the User’s right of withdrawal (the terms of which are set out below). The User then becomes the Purchaser. The purchase order is saved in CAUDALIE's computer records, which are kept on a reliable, durable medium, and will be considered as proof of the contractual relationship between the Parties. The Purchasers guarantee that they are fully authorised to use the payment card used, that the card is valid and have access to sufficient funds to cover all the costs of the order.

 

Confirmation of the order

When the Purchasers confirm their payment, a summary of the order will be sent to them electronically, to the e-mail address entered by the Purchasers at the time of identification, prior to placing the order. If there is an error in entering the e-mail address or more generally the order summary is not received, CAUDALIE may not be held liable. This order confirmation will summarise the following information: terms of payment, delivery and, where applicable, delivery charges, the characteristics of the Product(s) ordered, the terms and conditions of the right of withdrawal; the address to which the Purchaser may send complaints, information about the after-sales service and the sales warranties.

If the order confirmation does not arrive within 24 hours of placing the order, the Purchaser may contact our Customer Service Department via the Contact form. Likewise, if the Purchaser has any questions about previous orders, they may contact CAUDALIE using the same form.

Article 4. Delivery

Caudalie makes every effort to fulfil Purchaser order no later than thirty (30) days with effect from the following day after the Purchaser has confirmed his or her order.

Free delivery within Hong Kong*.

*Out of service areas:

Sha Tau Kok, Ta Kwu Ling, Man Kam To, Mai Po, Lok Ma Chau, Closed Area, Lo Wu, Po Toi, Tung Lung Chau, Grass Island, Crooked Island (Kat O), Tung Ping Chau, Mui Wo, Lamma Island, Peng Chau, Cheung Chau, Tai O, Lantau Island.

For any questions about delivery services, please email asia@caudalie.com or call +852 3974 6121.

Upon receipt of the ordered Products, the Purchaser must check that the Products are compliant. Any anomalies in delivery (missing or broken Product, damaged parcel, etc.) must be notified by the Purchaser without fail two days after the delivery, to the CAUDALIE consumer services department at Caudalie Hong Kong Ltd., by e-mail to: asia@caudalie.com or by telephone to +852 3974 6121.

Any complaints made after this time limit will be rejected and CAUDALIE will be released of all liability. In the event of an anomaly relating to the parcel or the Product(s), and after notifying CAUDALIE within the aforementioned time limit, the Purchaser must return it/them in its/their original packing and packaging according to the terms of Article 5 “Right of withdrawal” defined hereafter and within seven (7) days of receiving the order.

The return must include a letter that lists the Purchaser's information, the invoice date and number, the Product SKU(s) and the reason for the request.

CAUDALIE reserves the right to check the returned Product(s), examine the reason for the request and replace or not replace the Product(s) free of charge, without owing any compensation. If the ordered product is unavailable, the Purchasers will be informed. With the Purchasers’ prior agreement, a product of equivalent quality and price will be offered to them. If the Purchasers do not accept, they may, where applicable, be refunded within thirty (30) days of their payment, at the latest. CAUDALIE shall not be held liable in the event of failure to deliver or a delivery delay due to an event of force majeure, the action of a third party or a fault attributable to the Purchasers. In the event of a delivery delay, the Purchasers must notify this delay to the CAUDALIE consumer services department as soon as possible, by emailing asia@caudalie.com or telephoning +852 2319 0119.

Article 5. Right of withdrawal

The Purchasers have a period of seven (7) days to notify CAUDALIE of their wish to withdraw from the contract provided that the Products or Gift Card or Spa and Boutique Treatment Voucher have not been opened or used within this period. If it has been opened/used, no right of withdrawal or refund will apply. This time limit runs from the day on which the order is received.

To exercise this right of withdrawal, the Purchasers must inform CAUDALIE of their decision to withdraw from the contract. The Purchasers may use the withdrawal form available here. If the Purchasers have created an account, they must log in and select the order to be returned, specifying the Products concerned and the reasons for their return. They must then print the return form and send the parcel back with the form inside. If the Purchasers have not created an account, the same procedure is available here.

The Purchasers must then return the Product(s) in its/their original packaging, at their own cost, within seven (7) days at the latest from notification of its decision to withdraw, to the following address: Caudalie Hong Kong Ltd.- Unit A, 17/F Yardley Commercial Building, 3 Connaught Road West, Sheung Wan, Hong Kong. If the seven (7) day period expires on a Saturday, Sunday, public holiday or rest day, it will be extended to the next working day.

If the above-mentioned conditions are met, CAUDALIE will refund the Purchaser for all the sums paid by the Purchaser, as soon as possible and within a period of seven (7) days at the latest from the date on which CAUDALIE was informed of the Purchaser’s decision to withdraw, provided that CAUDALIE has been received the returned Products. The initial delivery charges are included, with the exception of the return charges, which are paid by the Purchaser.

Article 6. Terms specific to Spa and Boutique treatment vouchers and online booking of Boutique treatments

Spa and Boutique treatment vouchers

Each Spa and Boutique treatment voucher is valid for one (1) year from the date it is dispatched. When this period expires, any unused Spa and Boutique treatment voucher will be definitively cancelled for the Purchaser (or the beneficiary) and cannot be refunded. “A la carte” treatments are not covered by a Spa and Boutique treatment voucher.

In order to use their Spa and Boutique treatment voucher, the Purchasers (or the beneficiary) must make an appointment with the Spa or Boutique selected in the order, which will inform them of the terms and conditions of the treatment. Failure to attend the appointment, postponement or cancellation of the appointment by the Purchasers (or the beneficiary) with less than 48 hours’ notice will definitively cancel the Spa and Boutique treatment voucher and it may not be refunded by CAUDALIE.

Online booking of Boutique treatments

The Users have the option to book treatments online for CAUDALIE Boutiques with a treatment room, according to a booking schedule open for two (2) months.

To make a booking online, the Users must go to the specific Spa Boutiques page on the Site, then select the Boutique of their choice. They can access a description of the available treatments at the Boutique and a schedule. The Users select a treatment, date and time slot, then click on “BOOK TREATMENT”.

The Users are then asked to identify themselves, either by entering their e-mail address and password, if they are already a customer or member of the MY CAUDALIE loyalty programme, or by accurately completing the form provided, on which they must enter the information needed for identification, in particular their last name and first name.

The Users must then select a payment method to finalise the booking. The Users will receive a confirmation e-mail, stating the date and time of the treatment, and the Boutique address. A Voucher to be presented at the Boutique will be attached to the e-mail.

Cancelation

The Users may modify or cancel their treatment, without charge, no later than 48 hours before the scheduled date of the appointment, in the dedicated area of their account. CAUDALIE will refund the Users within 15 calendar days. After 48 hours, in the event of cancellation, the sum of 50% of the price of the treatment, as stated on the Site on the day of booking, will be refunded to the Users. In case of modification less than 48 hours before the treatment, the Purchaser is informed that he will have to directly inform the Boutique or the CAUDALIE consumer service and accepts that a fee can be taken from him.

In the event the Users cancel their reservation on the day of the treatment, or do not appear at the Boutique for their treatment, no refund will be made.

Article 7. Personal Data

CAUDALIE respects your concerns about protection of your privacy and personal data.

Your personal data will be collected and processed by CAUDALIE. In the context of online sales, it is mandatory to enter some of your personal data, as this information is necessary for processing and delivering the orders and issuing the bills. This information is strictly confidential. Failure to enter this information will automatically lead to rejection of the order. Some data may also be used to send you information and/or promotional offers on the brand’s Products.

Data Access, Correction, Accuracy & Retention

In compliance with the Personal Data (Privacy) Ordinance (Cap. 486), the Users are hereby informed that they have the right to access, modify and request deletion of their personal data held by the Website. To exercise these rights at any time, please write to asia@caudalie.com or to the following address: Unit A, 17/F Yardley Commercial Building, 3 Connaught Road West, Sheung Wan, Hong Kong.
Security
Caudalie safeguard personal data from unauthorised or accidental access, processing , erasure, loss or use.
Openness
These terms & conditions make personal data policies and practices known to the public regarding the types of personal data it holds and how the data is used. For more details, please write to asia@caudalie.com or to the following address: Unit A, 17/F Yardley Commercial Building, 3 Connaught Road West, Sheung Wan, Hong Kong.

Article 8. Limit of liability

Under no circumstances shall CAUDALIE, to the extent permitted by law, be liable for any damages whatsoever, harm, or injury howsoever arising, and whether caused by tort, breach of contract or otherwise, that relate to, arise out of, or result from the use of, or access to, or the inability to use the Site or any of the materials of the Site, or are caused by any failure of performance, error, omission, interruption, defect, delay in operational transmission, computer virus or line failure. The material on the Site could include technical inaccuracies or typographical errors. The materials on the Site are provided "as is" and without warranties of any kind, expressed or implied. To the fullest extent permissible by applicable laws, CAUDALIE disclaims all liability for negligence and disclaims all representations and warranties, expressed or implied, (whether by  law,  case law, trade usage or otherwise) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. CAUDALIE does not warrant or make any representations that use of the Site will be uninterrupted or error-free, that the contents will be correct accurate or reliable, or that the Site or the server that makes it available are free of viruses or other harmful components. CAUDALIE does not warrant or make any representations and expressly disclaims all liability and responsibility regarding use of or reliance upon information contained in the Site in terms of its accuracy, reliability or otherwise.

CAUDALIE will not be held liable in the event of total or partial failure to fulfil its obligations under these General Terms and Conditions of Sale, if the said non-fulfilment is attributable to a third party, the fault of the User or the Purchaser, or caused by an event of force majeure. In the event of any delivery delays or concerns, you should inform Caudalie’s customer services as promptly as possible, by emailing at asia@caudalie.com or call +852 3974 6121.

Article 9. Partial non-validity

If one or more terms of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other terms shall retain their full force and scope.

Article 10. Entirety of contract

These General Terms and Conditions of Sale and the order summary sent to the Purchaser form a contractual whole and constitute the entirety of the contractual relations between the Parties. Should these documents contradict each other, the General Terms and Conditions of Sale shall prevail.

Article 11. Intellectual property

Protection of the Site and its contents by intellectual property rights

The Site itself, such as its architecture, its presentation, its graphic standards and everything it contains as well as all the material (texts, graphs, graphics, logos, drawings, images, etc.) which are published on the Site are protected by intellectual property rights, including copyright (hereinafter referred to as the “Protected Elements”) and are the exclusive property of CAUDALIE.

Without such list being exhaustive, you shall not, in particular:

- reproduce, copy, modify, create a derivative work, assemble, recreate, distribute, present, show, disseminate, publicly display, transfer, transmit, publish, sell, attribute, sub-license, transfer, make available to a third party, market, all or part of the Protected Elements, in any manner whatsoever,

- modify, alter, all or part of the Protected Elements with a view, in particular, to obtaining unauthorized access  to the Site and accessing the Site by any means other than the connection interface with the user space, furnished by Martell to you for such purpose via the Site.

Hyperlinks to the Site may only be created with the prior, written permission of CAUDALIE.

Protection of trademarks

All trademarks and all related logos, designs, labels, bottle designs and all other intellectual property associated with www.caudalie.com used herein are owned by CAUDALIE. CAUDALIE’s trademarks may not be used in connection with any product or service that is not CAUDALIE’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits CAUDALIE.

Article 12. Applicable law - Competent jurisdiction

Sales of CAUDALIE Products are governed by the laws of Hong Kong. Any dispute relating to the existence, interpretation, performance or termination of the contract between CAUDALIE and the Purchaser, even in the event of multiple defendants, will, if an amicable agreement cannot be reached, come under the sole jurisdiction of the competent Hong Kong courts.