Date of last update: 16.01.2024

1. ABOUT US AND THESE TERMS OF USE

• 1.1 The Website is made available for use and access by consumers resident or domiciled in the United Kingdom only. A consumer is a person acting wholly or mainly outside the context of a trade, business or profession. You may only use the Website for your own personal, domestic, private and non-commercial use.


• 1.2 About us


• 1.2.1 The Guerlain site at www.guerlain.com/uk/ (the “Website”) is owned, operated and edited by Guerlain SAS, a joint stock company, with capital of 19,764,000 euros, registered with the Registry of Companies of Paris under number 582 022 265, Siret 582 022 265 00018, whose headquarters are located at 68, Avenue des Champs-Elysees, 75008 Paris, France. The Publication Director is Gabrielle Saint-Genis Rodriguez.


• 1.2.2 In these Terms of Use, when we refer to "we", "us" or "our", we mean Guerlain SAS; and when we refer to "you” or “your” we mean you, the consumer accessing or using the Website.


• 1.2.3 Guerlain Web Hosting is operated by Salesforce Commerce Cloud, 415 Mission Street – CA 94105, San Francisco, United States.


• 1.3 Additional terms that apply to you


• 1.3.1 Certain functions made available on the Website are governed by additional terms and conditions. For example:


• (a) If you are a consumer resident or domiciled in the United Kingdom and you wish to make a purchase on the Website for delivery in the United Kingdom, please note that you will be required to consent to be bound by our Terms of Sale which you can access here and which shall govern that contract of sale. All contracts of sale are entered into, handled and fulfilled by GUERLAIN UK Ltd, a company registered in England and Wales with company number 00317311, whose registered office is located at LVMH Perfumes & Cosmetics House, 11-13 Old Esher Road, Horsham, Surrey KT12 4NH. GUERLAIN UK Ltd.’s registered VAT number is GB222455587.


• (b) The Website uses cookies, the use of which are governed by our Cookies Policy.


• (c) We only use your personal information in accordance with our privacy notice (our cookies policy is available here and our privacy notice is available here).

2. CONTACT US

• 2.1 For any question or concerns, you may contact GUERLAIN Customer Service using the below options:


• 2.1.1 via the contact form available on the Website;


• 2.1.2 via the ‘Live Chat’ function on the Website which has limited availability during certain hours as specified; or


• 2.1.3 by telephone at +44 (0) 2035 142 400 (standard local telephone charges apply) available Monday to Friday from 09:00 to 17:00 .

3. THE WEBSITE

• 3.1 Guerlain SAS strives to ensure, to the best of its abilities, accurate and updated information on this Website, which it reserves the right to change at any time without prior notice.


• 3.2 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period (for example, if we need to update the Website for legal, operational or commercial reasons).

4. YOUR ACCOUNT AND PASSWORD

• 4.1 You will need to register an account on the site in order to access certain services available on the site. In order to register an account, you must be aged 18 or over.


• 4.2 If you register an account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat this password as confidential and you must not disclose it to any third party.


• 4.2.1 all of the information that you provide to us in connection with your account is complete and accurate;


• 4.2.2 you are the person whose details you have provided; and


• 4.2.3 you will notify us immediately if there are any changes to the information you have provided to us.


• 4.3 We have the right to disable any accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.


• 4.4 If you know or suspect that anyone other than you knows your account login details, you must immediately notify us (see ‘CONTACT US’ section).

5. ACCEPTABLE USE

• 5.1 You agree not to:


• 5.1.1 use the Website in any way that breaches these Terms of Use or any applicable local, national or international law or regulation;


• 5.1.2 copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms of Use; or


• 5.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.


• 5.2 Viruses


• 5.2.1 We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.


• 5.2.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and/or use the Website will cease immediately.


• 5.3 User Generated Content


• 5.3.1 If it is the case that you supply/upload any content to the Website – whether it be comments, reviews, pictures, text, sound recordings or anything else – the content that you supply ("User Generated Content") must comply with the following rules. The User Generated Content:


• (a) must not be unlawful;


• (b) must not be obscene, abusive, offensive or racist;


• (c) must not promote or propose hatred or physical harm against anyone;


• (d) must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation or age;


• (e) must not promote or condone terrorism, violence or illegal behaviour;


• (f) must not be harmful to minors in any way;


• (g) must not harass or bully another person;


• (h) must be true and honest so far as you know;


• (i) must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive;


• (j) must not be defamatory;


• (k) must not use the material or content or infringe the rights or privacy of anyone else (for example, you should not use images of well-known characters, footage or music unless it is your own or you have permission to use it);


• (l) must not contain someone else’s personal details or confidential information relating to other people;


• (m) must not impersonate any person, or misrepresent your identity or affiliation with any person;


• (n) must not give the impression that it emanates from or is endorsed by GUERLAIN if this is not the case; and


• (o) must not violate these Terms of Use.


• 5.3.2 We will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any User Generated Content. Notwithstanding the foregoing, we reserve the right to refuse or remove any User Generated Content supplied by any person that contravenes these rules. If you become aware of any User Generated Content that breaches these Terms of Use, please contact us (see ‘CONTACT US’ section).

6. SUSPENSION AND TERMINATION

• 6.1 If you breach any of these Terms of Use, we may immediately do any or all of the following (without limitation):


• 6.1.1 issue a warning to you;


• 6.1.2 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);


• 6.1.3 suspend or terminate any account that you hold with us;


• 6.1.4 temporarily or permanently remove any User Generated Content uploaded by you to the Website;


• 6.1.5 take further legal action against you; and/or


• 6.1.6 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

7. LINKS

• 7.1 The Website may include links to other sites. Such links should not be interpreted as endorsement by us of those linked sites. You are responsible for deciding whether to access a third party site and your use of any third party site would be governed by the terms and conditions and policies of that third party site.


• 7.2 Insofar as Guerlain SAS does not own and operate and/or cannot control any third party sites, Guerlain SAS assumes no responsibility for the availability of any third party sites and/or the content, advertising, products, services or any other material available on or from third party sites.


• 7.3 To the extent permitted by applicable law, Guerlain SAS does not accept any liability for any damages or losses, proven or allegedly suffered, in connection with the use of or the fact of having trusted the content, goods or services available on third party sites or external sources.

8. INTELLECTUAL PROPERTY RIGHTS OF GUERLAIN SAS

• 8.1 The Website as well as any software necessarily contained on or used in connection with it may contain confidential information protected by intellectual property rights, owned by us or our licensors. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.


• 8.2 Unless otherwise stated, the intellectual property rights contained on the Website and each of the elements created for this Website are the exclusive property of Guerlain SAS (or our licensors), and you are not granted any right to use (and may not use) any of our intellectual property rights except as set out in these Terms of Use.


• 8.3 You are not granted any license or any right other than the right to consult the Website. In particular, trademarks and other intellectual property rights mentioned on the Website are the property of the Guerlain Group. The reproduction of any intellectual property rights and/or documents posted on this Website is only authorized for the exclusive purposes of information for personal, private and non-commercial use, and any reproduction and any use of copies made for other purposes is expressly prohibited.


• 8.4 It is prohibited to:


• 8.4.1 copy, modify, create a derivative work, reverse the design or assembly or in any other manner attempt to locate the source code (except as provided by law), sell, assign, sub-license or transfer in any manner whatsoever any rights attached to Website and/or the software used on the Website; and


• 8.4.2 modify the software or use modified versions of the software and particularly (without this list being limiting) in order to obtain unauthorized access to the service and to access the Website by a means other than through the interface that is provided to you by Guerlain SAS for this purpose.

9. LIABILITY

• 9.1 Nothing in these Terms of Use excludes or limits our liability for:


• 9.1.1 death or personal injury caused by our negligence;


• 9.1.2 fraud or fraudulent misrepresentation; and


• 9.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.


• 9.2 Nothing in these Terms of Use affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.


• 9.3 Subject to sections 9.1 and 9.2 above:


• 9.3.1 We are only responsible for loss or direct damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence and we are not responsible for any loss or damage that is not foreseeable. Loss or direct damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.


• 9.3.2 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


• 9.3.3 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

10. GOVERNING LAW AND JURISDICTION

• 10.1 These Terms of Use are governed by English law. This means that your access to and use of the Website and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.


• 10.2 You may bring any dispute which may arise under these Terms of Use to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the United Kingdom or is a European Union Member State, which courts are (with the exclusion of any other court) competent to settle any such dispute. We shall bring any dispute which may arise under these Terms of Use to the competent court of your country of habitual residence if this is within the United Kingdom or is a European Union Member State or otherwise the competent court of England.


• 10.3 If you are a consumer and are resident in the United Kingdom or the European Union and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.