Terms and Conditions of Sale for Phone Orders

Effective date: 25/01/2021

1. General Provisions

1.1.The following terms and conditions (“Terms for Phone Orders”) are applicable to the offer and sale of our products and services over the phone or other channel of communication (e.g. WhatsApp). These Terms for Phone Orders do not apply for the sale of our products and services on this website www.maccosmetics.nl (the “Site”), those are subject to those Terms and Conditions.

1.2.Vennootschap Estée Lauder B.V. (“we”, “us”, or “our”) provides, as the seller, the products and services available in the store you are contacting.

1.3.To be eligible to purchase products or services by phone, Customers must: (a) be at least 18 years old or, if minors, be duly authorized by their legal representative; (b) be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession and (c) hold a valid credit or debit card.

1.4. These Terms for Phone Orders shall be executed in the language of the country where your shipping address is and shall be governed by the laws of such country (the “Country”). Such laws are referred to as the “Local Laws” in these Terms for Phone Orders. You can find the contact details of the legal entity acting as the seller, the applicable laws and the alternative dispute resolution bodies in Section 15 or by clicking here.

1.5.Before placing an order of a product over the phone, Customers will have the opportunity to listen to the main conditions of these Terms for Phone Orders or to read them by accessing to this Site. Customers will receive by email a copy of these Terms for Phone Orders after the sale has been completed over the phone.

1.6.By agreeing to the information provided to you by our sales assistants over the phone and having the possibility to read or listen to these Terms for Phone Orders, you acknowledge that you have understood and accepted, without limitation or qualification, these Terms for Phone Orders. In any case, you will always have the possibility to return your order if you are not satisfied with your products by following the instructions described below in Section 11 Right of Withdrawal.

2. Privacy

2.1.Please review our Privacy Policy governing our use of your Personal Data for the purpose of managing the Customer’s orders over the phone.

3. Products

3.1. Information on products is provided by our sales assistants during the call, in accordance with Local Laws.

3.2. We will take all reasonable professional care to ensure that all details and descriptions of products are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that said details, descriptions of products are totally accurate, complete, reliable, current, or error-free.

3.3. The products described to you over the phone, and any samples thereof we may provide to the Customer, are for personal use only. Customers may not sell or resell any of these products or samples thereof. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the Customer that may result in the violation of these Terms for Phone Orders.

4. Prices

4.1. All prices indicated for products available in our stores are inclusive of VAT at the current rates and are expressed in local currency. Delivery charges are indicated by the sales assistant over the phone to the Customer prior to finalizing an order and shall be added to the price of the products, and are indicated separately on the order confirmation.

4.2. We regularly verify that all the prices are correct, however, we cannot guarantee the absence of errors. In the event that an obvious error in the pricing of a product is detected, we will offer the Customer the opportunity to purchase the product at the correct price or to cancel the order.

4.3. Prices may be modified at any time. Applicable prices shall be the ones indicated by our sales assistants at the date an order is placed by the Customer.

5. Placing an Order

5.1. Customers can call our sales assistants to place an order over the phone and will be assisted in placing their order by the simple instructions provided to them over the phone.

5.2. To place an order, the Customer must indicate the product(s) he/she wishes to purchase and the quantity of product(s), up to 4 (four) of any single product, with a maximum purchase of 400€ (four hundred euros) per order and per Customer. In addition, we must also limit orders to no more than three (3) orders per Customer per day. Customer can purchase up to 14 units in total per transaction.

5.3. The sales assistants will then confirm with the Customer over the phone the description and the details of the product(s) selected such as information on the essential characteristics of the desired products, a detailed indication of the price and means of payment, information on delivery charges (if any), information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on Customer support services and on existing commercial warranties.

5.4.Before completing the payment via the payment link, the Customer will have an opportunity to review and edit all details for their order, including billing and shipping information, prior to confirming their purchase.

5.5. The Customer will then provide the necessary information (such as name, email address, delivery address) to the sales assistants in order for us to send the payment link to the Customer’s email address.

5.6. For the payment, the Customer will receive by email or WhatsApp a payment link generated by our payment processor in order to make the payment and will be asked to provide his/her credit card details on the payment platform. This payment link will be valid only on the day the Customer has requested the order until the end of that day when the store closes. In case the payment link has expired, the Customer can call back the store and ask for another payment link.

5.7. Once the payment has been made by the Customer, the sales assistants will then receive the Customer’s payment confirmation.

5.8. After an order has been completed over the phone, the Customer will receive shortly after an email confirming receipt of the order. In accordance with Local Laws, the email confirming receipt of the order contains a summary of these Terms for Phone Orders, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, contact details of the store and the existing commercial warranties.

5.9. If an order confirmation does not arrive within 24 hours after submission, Customer may contact us at the specific store of purchase, please use the Store Locator link for assistance here.

5.10. If Customers have any questions or concerns when placing an order or if they wish to enquire about a previously placed order, they may contact us at the specific store of purchase here. For fastest service, Customers are invited to keep their order number available.

6. Gift-Wrap Service

6.1. If the gift-wrap service is available in the Country and if the Customer wishes to have his/her order packaged as a gift, he/she must simply indicate so to the sales assistant who will take it into account. In case a “Gift Wrap” order request includes more than one product, we will create one gift package for all of them.

7. Offer Codes

If offer codes are applicable in the Country, to redeem an offer code, Customers must indicate so to the agent who will apply the offer code to the order. One offer code may be used per order.

8. Payment Options

8.1.Customers may pay for the products by credit card. The following credit cards are accepted for payments:

• Visa
• MasterCard [confirm means of payment]
• American Express
• JCB
• Maestro
• Union Pay
• Diners Club

8.2.We do not accept credit cards with billing addresses outside of the EEA.

8.3.We do not accept PayPal or Apple Pay as a payment option.

8.4.For Customer’s security, Customer’s billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.

8.5.All credit card holders are subject to validation checks and authorization by the credit card issuer. If the issuer of Customer’s payment card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

8.6.Your payment card will be charged the applicable purchase price indicated by our sales assistant over the phone at such time and in the order confirmation. By agreeing to submitting your order, you expressly authorize us to perform such payment card authorization and, strictly for legitimate purposes and to the extent permitted under applicable regulations, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number, to authenticate your identity, to validate your payment card, to obtain a payment card authorization and to authorize individual purchase transactions.

9. Order Inquiries

9.1. Generally, products are shipped within 2 to 5 working days. For any shipping information, Customers may contact us at the specific store of purchase here.

9.2. Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:

• Item(s) not available, although we take all professional care to ensure that unavailable items are clearly identified as such
• Impossibility in processing payment information
• Cannot deliver to address provided
• Duplicate order was placed
• Cancellation due to a Customer request

9.3. If an order is cancelled, the Customer will receive an email to explain the reason for the cancellation. Customers will not be charged or reimbursed for any cancelled orders. If the Customer is interested in placing a new order or if the Customer has any questions about a cancelled order, he/she may contact us at the specific store of purchase here.

10. Delivery

10.1.Orders are processed and delivered on working days only (Monday through Friday, excluding bank holidays). Orders placed on Saturday and Sunday will be processed on the following working day. We are unable to process orders to a P.O Box address.

10.2.Shipping charges shall be borne by the Customer and are indicated over the phone and into the delivery note.

10.3.In accordance with Local Laws the products shall be delivered within 30 (thirty) days from the day following that of the order placement by the Customer, unless we notify the Customer, including by email, within the same term, of the ordered products being unavailable, including temporarily unavailable.

11. Right of Withdrawal

11.1.We are committed to offering Customers the finest cosmetic products available. If the Customer feels the products he/she received from us do not meet this expectation, pursuant to Local Laws the Customer has the right to withdraw from the contract, without specifying any reason, within fourteen (14) working days of the date the products were received.

11.2.The withdrawal period is (14) fourteen days from the date on which you or a third party you name and who is not the carrier has received the goods. For contracts covering the order of several goods that are to be delivered separately, the withdrawal period is fourteen days from the date on which you or a third party you name and who is not the carrier has received the last item of such order.

11.3.However, this right of withdrawal does not apply to products which have been personalized, except for defects in the products or incomplete or incorrect delivery. If a personalized product is delivered damaged or is defective, Customers should immediately contact us at the specific store of purchase, here.

11.4.Notification of Customer’s intention to exercise the right of withdrawal can be done by emailing us at the specific store of purchase with Customer’s order details, including Customer order number and the description of the products which are being returned. You may, but are not required to, use the sample Withdrawal Form that is in Appendix 1 of these Terms for Phone Orders or that will be sent to you by email with these Terms for Phone Orders.

11.5.To comply with the withdrawal period, it is sufficient to provide your declaration informing us that you wish to exercise your right of withdrawal prior to the expiration date of the withdrawal period.

11.6.In order to return the products, the Customer is invited to come to the store from which the purchase has been made and bring back the products that the Customer wishes to return with the invoice he or she has received by email and the credit card used for the purchase.

11.7.Upon exercising the right of withdrawal, we undertake to reimburse the Customer the full price of the products within thirty (30) days of the date of receipt of the withdrawal, provided that the returned products are unused and undamaged, and are returned no later than 14 from the date of reception of the products. We may refuse reimbursement until we have received the returned goods or until you have provided proof that you have resent the products, whichever occurs first. Refunds will only be made against the original credit card used. We will send to the Customer a notification email once the reimbursement has been made.

11.8.If the products are returned by using a delivery service, it is strongly recommended that the parcel be sent by a recorded delivery service (one that requires a signature upon receipt).

11.9.The above provisions are only applicable to purchases made over the phone. Products purchased directly at a store will be subject to the return policy of each store. Likewise, products purchased on this Site are subject to the return policy indicated in the Terms and Conditions of the Site for online orders.

12. Lack of Conformity

12.1.In case of lack of conformity of products pursuant to Local Laws, the legal guarantees established by Local Laws will apply. The Customer has the right to have the products brought into conformity free of charge by repair or replacement. In case of failure of one of the remedies above, the Customer has the right to have an appropriate reduction made in the price of the products, or the contract cancelled. The Customer waives these rights if it fails to notify us of the lack of conformity within reasonable time after the Customer detected such lack of conformity. We shall be held liable where the lack of conformity becomes apparent within three (3) year as from delivery of the products.

13. Applicable Law and Jurisdiction

13.1.These Terms for Phone Orders are governed by and must be interpreted in accordance with Local Laws as indicated in the table below in Section 15.

13.2.Any disputes arising from the interpretation, validity and/or execution of these Terms for Phone Orders shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the Customer.

14. Complaints

In case of complaint about your purchase, you may contact us here.

According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may also refer disputes through to the EU Commission’s online platform available at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

Likewise, you may refer disputes related to the sale of the Product to the following Alternative Dispute Resolution entity indicated in Section 15 below.

15. Contacts

15.1.For any information and support on products and methods of purchase made over the phone, the Customer may contact the specific store of purchase here.

15.2. Please find below the contact details of our legal entity acting as the seller for the purpose of those Terms for Phone Orders, the corresponding applicable laws and Alternative Dispute Resolution entities:

WITHDRAWAL FORM

If you wish to withdraw from the contract, please fill in this form and return it to us.

To : Estee Lauder B.V.
Safariweg 50 3605 Jw Maarssen
The Netherlands

I/we(*) hereby withdraw from the contract concluded by me/us(*) for the purchase of the following goods(*) / for the part exchange of the following goods(*)
Ordered on (*) / received on (*)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only required for notification on paper):

Date:

(*) strike out/delete not applicable options