Please read the terms and conditions displayed before using the www.ciatelondon.com website. By using the www.ciatelondon.com website, you are deemed to have read the terms and conditions and be bound by them.
Who We Are
www.ciatelondon.com (“the Website”) is owned and operated by Brand Agency (London) Limited (in these Terms and Conditions referred to as “we”, “our” or “us”).
Registered office address: Units 5&6 Pepys Court, 84-86 The Chase, SW4 0NF United Kingdom*
Registered in England and Wales with Company No. 07014682 and VAT No. GB 111 1316 86
If you need to contact us about the Terms and Conditions or any other aspect of the Website or our products and services please do so between 09:00-17:00 GMT Monday to Friday in one of the following ways:
Phone: +44 (0)20 7940 0005
Post: Ciaté London, Units 5&6, Pepys Court, 84-86 The Chase, SW4 0NF
We reserve the right to change any part of the Terms and Conditions without notice and your continued use of the Website will be deemed as acceptance of any changes. We advise you to regularly check the Terms and Conditions of this agreement. We have complete and sole discretion to modify, suspend or remove any aspect of the Website, including but not limited to content (whether placed on the Website by us, you or a third party), features or availability, without warning or liability arising from such action.
SeveranceIf any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which the Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that particular term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.
Governing Law And JurisdictionThe Terms and Conditions will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English and Welsh courts without reference to rules governing choice of laws.
Acceptance Of Terms And Conditions
Opening An Account
Material Placed By You On The Website
You acknowledge and agree that all content and materials available on the Site, including but not limited to the Ciaté name and logos, are protected by intellectual property and other laws. Except as expressly authorised by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.
Disclaimer Of Warranties
The Website, including all content, functions, and information made available on or accessed through the Website, is provided on an “as is” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose. The information on the Website does not constitute advice and should not be wholly relied upon to make any decision. We do not warrant that the Website or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.
Limitation Of Liability
In no event shall we be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or inability to use, the site or the content, materials and functions related thereto including but not limited to any loss of business, revenue, profits or data in relation to your use of the Website. Nothing within these Terms and Conditions will operate to exclude any liability for death or personal injury arising as a result of negligence by us or our employees.
You recognise and acknowledge that it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. We operate on a "notice and takedown" basis. If you believe that any part of the Website contains a defamatory statement, please notify us immediately. We do not confirm that notification will result in removal of the material complained of and the final decision is solely ours and you have no right of action against us for anything other than defamation if we disagree with your view.
Third Party Sites/Links
The Website may contain hyperlinks to websites operated by other parties. We are not responsible for the availability or content of any third party websites or material you access through the Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not endorse and are not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). We are not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service. We disclaim all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Website. Links do not imply that we are affiliated or associated with any linked site, or are legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any of our trade marks, trade names, logos or copyright symbols.
We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of the equipment you use to view our site, may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of the equipment you use to view our site and cannot guarantee that your equipment's display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product.
Time Of Contract
Any order you place through the Website represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've received your order, and including a contact name, the total price, an order/reference number and instructions of how to contact us (the "Confirmation Email"). The contract for sale between you and us is, therefore, formed at the time we send the Confirmation Email to you. Any products on the same order which we have not confirmed in a Confirmation Email do not form part of that contract.
We aim to deliver your order to you in accordance with the Delivery Policy but offer no assurances or guarantees on time or date of delivery. Orders placed over weekends, Bank Holidays and any day after 14.00 GMT will be treated as received by Ciaté on the next working day. There is no dispatch or delivery on Bank Holidays, Saturdays and Sundays. Any items that are currently sold out will have a clear message to that effect on each product page, and we will offer you the option of a notification email to let you know when new stock is available for purchase. If for any reason, stock becomes sold out after your order is placed, we will aim to contact you soon after the order has been placed. We may offer alternative items or inform you of the date that we expect the missing item(s) to be back in stock. In the event of delivery not being possible within 14 days of receiving the order, we will undertake to keep you informed of any changes and give you the option to cancel the order and receive full refund of monies paid. If you are not available to take delivery of your parcel, if too large for letterbox or the Signed For option is chosen, the carrier will leave a calling card telling you how you can pick it up. Standard delivery prices vary depending on location of shipping address and choice of shipping including Royal Mail First ad Second Class Delivery. Charges are shown in the checkout. It is not possible for us to be specific about availability. When the order is not in stock we will first find out an approximate delivery date, and post as much information as we are able to on the Website. In the instance that a Confirmation Email is sent and it is only discovered the item is out of stock, after the fact, you will then be contacted with this information and you will have the choice to either cancel your order with a full refund of any monies paid or you may choose to continue with your order.
Please note that due to the fragile nature of our products we are unable to send out all products via Royal Mail due to restrictions on hazardous goods. Baskets which contain more than 4 nail polishes, or products which contain more than 4 nail polishes will be limited to private courier delivery only at checkout.
In times of sale or high volume of sales we may be unable to guarantee Next Day Delivery, although we will endevour to have your order with you as soon as possible. Any delays will be communicated to you at the time of ordering.
We hope that you enjoy your products. Should you have any issues, please notify us in writing by email, within 14 days of receipt of your order to email@example.com This does not affect your statutory rights. With the exception of faulty or damaged goods, if you return your purchase by post or courier after the 7 day period, we reserve the right to not offer you a refund in full. We will instead return your purchase to you and prior to sending it out, we will charge you the delivery fee that is applicable to the product purchased and the location to which your returns will be delivered. Your email should contain all references that are on your receipt together with a full explanation of your reason for returning the goods. You should also advise us whether you’d like an alternative product/replacement or a refund (any returns received without prior notice may be delayed in being processed). Ciaté reserves the sole right of determining whether or not any request for return/refund made by the Customer should be accepted. Under no circumstances can any exchange/refund be entertained where the state or conditions complained of results directly or indirectly from the Customer’s action or inaction. If you need to return your order, it should be packaged securely in the same packaging in which you received it, with your returns reference clearly displayed on the exterior. This will be supplied to you by the Customer Service team upon notification of your wish to return the items. Please note: items can only be returned within our refund policy providing it is in its original condition (including the packaging where it forms part of the goods, for example, boxed gifts and gift items) have not been worn, opened or used and any seals on the product remain unbroken. No refund or exchange will be given without a receipt or other proof of purchase. Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion. We cannot accept Returns purchased from a third party retailers. We must have proof of purchase on record to process any Refunds or Exchanges. In the event that you are unsatisfied with your Ciaté London products, purchased via a third party retailer, please return to retailer directly. Our return address is: Ciate London Returns, Keep Me, Unit1 Quadrant Court, Crossways Business Park, Greenhithe, DA9 9AY* If you no longer have the original packaging, it is your responsibility to ensure that the goods arrive with us in their original condition. We reserve the right to refuse a refund/exchange for damages caused by insufficient packaging. For reasons of hygiene, we are unable to offer exchanges or refunds on any opened product. Gift Vouchers and Gifts with Purchase are non-returnable and cannot be exchanged for cash. Ciaté are not liable to cover costs of returned goods where the items are simply unwanted or no longer required*. We would recommend that you return your items via recorded delivery and/or obtain a proof of postage for your records in case the items should the item(s) become lost. If you are returning an order which has qualified for a gift with purchase, the entire order, including any complimentary gifts will need to be returned. Exchanges will be processed within 2 working days from the date the returned goods are received. Postage charges will be applied for any exchanges at the standard rate. Where a refund is due, this will be processed in 2 working days from the date the returned goods are received, reflecting against your card with 7-10 working days. *Unless the return has been made within the cooling off period
Credit Card Payments
We use secure webpages and offer the use of our secure real time credit card transaction server. We reserve the right to refuse to supply to individuals whose credentials cannot be verified, We will use our sole discretion in these matters and will not authorise payment or supply unless we are completely satisfied that the order is legitimate.
The Confirmation Email will act as a receipt, we will be pleased to provide any additional documentation you may require.
It is possible that a genuine mistake may cause some of our products to be mispriced. If the correct price is lower than that stated on the Website at the time of your order, we charge the lower amount and send you the product. If the correct price is higher than that stated on the Website then we will contact you for instructions before dispatch or cancel your order and notify you of such cancellation. All prices are inclusive of VAT unless stated otherwise. Please note, we reserve the right to refuse any order in which items are mispriced.
Magazine and online discount codes: Magazine (such as Marie Claire) discount codes can only be used once per customer. These codes cannot be used on sale items or on pre-order items, or in conjunction with any other discount code. Other discount codes: We sometimes issue discount codes to individual customers due to certain circumstances. Please note these codes are one use only codes and should only be used by the customer they were issued to. Some of these codes cannot be used on sale items or on pre-order items.
Due to the expected influx of orders during sales promotions, it may take us slightly longer to process your order, delivery can take between 7-14 working days. Cannot be combined with any other offer including all discount codes. Cannot be applied to previously purchased merchandise. . The discount will be automatically applied to all products. If any items ordered are returned, the discounted amount will be refunded.
Due to the expected influx of orders during sales promotions, it may take us slightly longer to process your order,delivery can take between 7-14 working days. Cannot be combined with any other offer including all discount codes. Cannot be applied to previously purchased merchandise. . Discounts will be automatically applied to all products. If any items ordered are returned, the discounted amount will be refunded.
Health And Safety
We work hard to ensure that all of our products comply with the relevant legal requirements. Any specific issues you may need to be aware of in relation to any product is explained on the packaging for that product. Please contact firstname.lastname@example.org if you require further information. Once you have accepted the products then we shall have no liability whatever to the Customer in respect of those products other than for death or personal injury caused by our negligence or in relation to any statutory rights you may have that cannot be waived. You hereby agree to waive any statutory rights you may have that can be waived.
Complaints should be made initially by email to email@example.com and will be acknowledged within 2-3 working days. Your complaint will be dealt with fairly and confidentially and we will keep you fully informed of progress.
Why We Collect Your Data?
By collecting your data, it allows us manage your account, fulfil orders and to deal with any queries you may have on your account. The data will also allow us to identify and communicate with you. It may also allow us to improve our services and provide targeted offers and emails that we think may interest you (see How We Use personal information).
What Data Do We Collect?
We only collect the data we need to allow us to manage your www.ciate.co.uk account. When you register with Ciaté, you will supply us with information such as your name, date of birth, telephone number, address and e-mail address. We will hold records of your purchases and e-mail correspondence. For the purposes of customer service and staff training, we may record and listen to telephone calls made to our customer service team. You do not have to register or provide any personal information to use the www.ciate.co.uk website but you will not be able to make purchases or access restricted areas.
Data Protection Principles
Ciaté complies with the principles of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. The eight principles relating to the processing of personal information are: • Fairly and lawfully processed • Processed for a limited time • Adequate, relevant & not excessive • Accurate • Not kept longer than necessary • Processed in accordance with your rights • Secure • Not transferred to countries without adequate protection We will always follow these principles and ask you how you would like us to communicate with you. The Information Commissioner regulates compliance with the Data Protection Act.
Who Is The Data Controller?
When you provide personal information to www.ciate.co.uk the data controller is Brand Agency London Limited. If another company is the data controller, this will be made clear when you provide your personal information.
How We Use Personal Data
The data controller will use your information together with other information for the following purposes: • Contacting you (including updating you on order status, sending your goods, sending newsletters and details of offers and promotions that we believe you will be interested in). • Marketing and surveying (including improving the content, design and layout of www.ciate.co.uk and understanding the interests and buying behaviour of our customers). • Credit scoring, anti-fraud checks and profiling your purchasing preferences. In order to do this properly we will on occasion be required to disclose your information to our service providers and agents. This will be done only for these purposes and only the minimum amount of information necessary for them to perform the services will be provided. Your personal information will be disclosed where we are obliged or permitted by law to do so. We do not share your information with marketing companies or companies whose products or services we think may interest you.
Information That Should Not Be Provided By You
Please do not provide us with any information about another person. If you do this, you confirm that they have appointed you to act for them, to consent to the processing of their personal data. We ask that no information about anybody under the age of 16 submits personal information to us or uses this site without supervision of a parent or guardian.
By submitting a form with your personal information to us, you consent to: • our processing your personal data for the above purposes; and • our transferring your information to countries, which do not provide the same level of data protection as the UK if necessary for the above purposes. If we do make such a transfer, we will put a contract in place to ensure your information is protected. When you give us your personal information, we will give you the opportunity to opt in to receive information by e-mail and will only send it to you if you do opt in or if you are an existing customer and the information relates to similar goods or services to those, which you have previously purchased from us. When we send you communications by email, we will give you the opportunity to opt out of receiving such communications from us. It is not our normal practice to send out marketing communications by post or telephone but if we do you will be able to opt out to receiving such communications from us. However, remember if you opt out of receiving communications from us, particularly by e-mail, that this will preclude you from receiving any of our special offers or promotions in future.
When you visit our website, we may place one or more cookies on your computer. A cookie is a small file that can be placed on your computer's hard disk for record keeping purposes. Cookies may be used to compile anonymous statistics related to the take up or use of services, or to patterns of browsing. A third party collects such data on our behalf to measure web site performance. Information collected is aggregated for reporting purposes. No personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of our web sites Cookies cannot be used by themselves to identify you and do not contain any personal or financial information. Through your computer settings you can delete cookies and are not obliged to accept them. However, if you disable cookies, many services on our websites may not be available to you.
Updating Or Deleting Your Personal Information
When you register online with ciatelondon.com, you can see, review and change your personal information by logging onto the site and going to “My Account”. Please ensure you update your personal information if it changes or is inaccurate. Should you request that your account is closed and your personal information removed, please be assured that this will be done as soon as is reasonably possible. Personal information from closed accounts is retained in order to comply with legal obligations, prevent fraud, collect any fees owed, resolve disputes and troubleshoot problems etc, but always done within a legal framework. When you request to be removed from further marketing offers, you will be added to a suppression list to ensure your request is complied with. All personal data is processed in line with the requirements of the Data Protection Act 1998 and The Privacy and Electronic Communications (EC Directive) Regulations 2003.
Notification Of Changes
Change Of Ownership
Our data records form part of the assets of our business. In the event Ciaté’s business assets are sold to or purchased by another company then your data will be passed to that business.
Data Protection Officer
Brand Agency (London) Units 5&6 Pepys Court, 84-86 he Chase, SW4 0NF* Tel: +44 (0)20 7940 0005 Fax: +44 (0)844 310 2340
* Please Note: No ciaté products are available for purchase at this address. You must not use any registered or unregistered trade marks that are shown on the Ciaté® website without our prior written permission. Images displayed on this website are the property of Brand Agency (London) Limited. The use of these images by you, or anyone else authorised by you, is prohibited unless specific written permission has been provided by the company. Any unauthorised use of the images may violate copyright laws and trade mark laws.