GENERAL TERMS AND CONDITIONS OF ACCESS AND USE


Applicable as from September 18 2018.


Table of Contents


Legal information

Personal data

Description of the Site

Terms of access to the Site and acceptance of the General Terms of Use

User reviews

Content featuring on the Site

Use of the Site

Liability - Warranties

Unlawful content

Reporting Infringing Content, Offensive Content or any other Unlawful Content

Third party web sites

Termination

Complaints – disputes

Applicable law

Miscellaneous


Welcome to our https://www.narscosmetics.co.uk web site (the “NARS Site” or the “Site”). SHISEIDO GROUP UK Ltd, the exclusive distributor of the NARS brand in the United Kingdom (“NARS”, “we” or “our”) agrees to provide you (“you” or “the User”) with the services that are available on the Site, subject to your compliance with these General Terms and Conditions of Access and Use (the “General Terms of Use”). By accessing or using the Site, you acknowledge having read and understood and agree to be bound by these General Terms of Use, without limitations or reservations.


We may from time to time modify this Site and these General Terms of Use. We therefore recommend that you access and read the General Terms of Use regularly in order to ensure that you are acquainted with the latest version.


NARS may stop providing access to all or part of this Site at its sole discretion, at any point in time, with or without prior notification. Should NARS be compelled by a court ruling or by law to immediately bar access to the Site, NARS may not be able to give any notice prior to doing so.


Legal information


The Site is published by BEAUTE PRESTIGE INTERNATIONAL, trading as SHISEIDO EMEA, a public limited company; share capital: 32,937,216 euros; registered in Paris, France under no. 379 445 984 (EU VAT number: FR90379445984); registered address: 56A rue du Faubourg Saint-Honoré, 75008 Paris, France (contact@narscosmetics.fr; 0186765701).


The publishing manager is Franck MARILLY, Chairman and Chief Executive Officer.


The Site is hosted by SALESFORCE.COM INC., whose registered address is The Landmark @ One Market, Suite 300, San Francisco, California 94105, USA; telephone number: +353 1 440 3500.


Personal data


Please read our Privacy Policy, which forms an integral part of these General Terms of Use and describes the way in which we process your personal data.


Description of the Site


NARS provides the following facilities to the Users, enabling them primarily:

  • To subscribe to the newsletter;
  • To purchase NARS products ("Products");
  • To write reviews and comments about Products;
  • To access NARS content;
  • To join the NARS PRO programme for eligible persons.

Terms of access to the Site and acceptance of the General Terms of Use


The Site is only available in English.


In order to benefit from the services offered on this Site and from the contracts on this Site that are governed by English law, you must: (a) be at least 16 years old, (b) have accepted these General Terms of Use.


Users may access the various services provided on the Site as follows:

  1. To subscribe to the newsletter, Users should take the following steps:
    1. Fill in an electronic registration form.
    2. Confirm that they have read the Privacy Policy.
    3. Check that the data they provided is correct and rectify any errors before finally confirming their subscription by clicking on “SEND”.
    4. An e-mail shall be sent to the Users asking them to confirm their subscription to the newsletter.

2) To register on the Site, Users should take the following steps:

  1. Fill in an electronic registration form.
  2. Confirm that they have read and accept these General Terms of Use.
  3. Confirm that they have read the Privacy Policy.
  4. Check that the data they provided is correct and rectify any errors before finally confirming their registration by clicking on “SAVE”.
  5. An e-mail shall be sent to the Users asking them to confirm their registration.
terms-of-sales
  1. To place orders for products, Users should comply with the terms of the General Terms of Sale and must have expressly accepted these General Terms of Use.

Any modification of these General Terms of Use shall be brought to your attention by being displayed on the Site, or by way of notification with reasonable notice. If you do not accept the new General Terms of Use, you should request the cancellation of your user account and stop using the Site. Failing this, you shall be deemed to have accepted the new General Terms of Use upon expiry of the abovementioned period of notice.


User reviews


The NARS Site enables you to leave consumer reviews via a product data sheet or via the dedicated e-mail you will receive once you have bought a Product bought on the Site (a “Consumer Review”).


Consumer Reviews enable Users to leave opinions, advice, tips and tricks, suggestions, information and recommendations on the products sold by NARS that they have tested.


Leaving a Consumer Review:


To leave a Consumer Review, Users should take the following steps:

  1. Select a product and click on the “LEAVE A REVIEW” link in the product data sheet; a window entitled “My review of [product name]” shall be displayed;
  2. Rate the product on a scale ranging from one star to five stars, meaning as follows: *Poor, **Average, ***Fine, ****Good, *****Excellent;
  3. Fill in the sections of the “My review of [product name]” form, bearing in mind that any fields marked with an asterisk (“*”) are mandatory: “Review”, “Pseudonym”, “e-mail address”, “Date of purchase”.

Users shall not receive any consideration in return for leaving a Consumer Review.


Publication and retention period of Consumer Reviews:


Consumer Reviews are usually published within two (2) to four (4) working days as of being left by a User.


Once a Consumer Review has been published, it is kept on the Site until the product in question is discontinued.


Moderation of Consumer Reviews:


The Consumer Reviews are subject to (i) automatic filter control, and (ii) human moderators’ control prior to being published on the Site.


NARS shall be entitled to remove or to refuse to publish a Consumer Review if it infringes the General Terms of Use of the Site, and in particular the provisions featuring under the section entitled “Content of the Consumer Reviews and Guarantees” below.


If your Consumer Review was rejected, you shall be informed of this by e-mail.


Content of the Consumer Reviews and Guarantees:


When you leave a Consumer Review on the Site, you undertake not to publish any content:

  • that is defamatory, obscene, infringes the privacy or the personality rights of any third parties, contains threats or insults, constitutes harassment, or is insulting, hateful, pornographic, violent, constitutes Infringing Content or Offensive Content (as defined below) or any content that NARS considers to be inappropriate;
  • that induces people into wrongly believing that you are someone else or part of a particular organisation, including a member of the personnel of NARS, or that induces people into wrongly believing that you are affiliated with a third party person or entity;
  • that contains viruses, corrupted files or any other software applications or programs that may significantly affect the operation of the Site or of one of its functionalities;
  • that you know is wrong, inaccurate or fallacious;
  • that infringes the rules of business secrecy or any confidentiality obligation;
  • that runs counter to any law or court ruling, or any decree or regulation (such as, but not limited to, the rules that govern consumer protection, acts of unfair competition, discrimination or misleading advertising);
  • for which you have been paid or have received any remuneration from an unapproved third party;
  • that includes references to other web sites, addresses, e-mail addresses, contact details or telephone numbers;

Moreover, by leaving a Consumer Review on the Site, you guarantee:

  • that you are the sole author and sole holder of the intellectual property rights over the content;
  • that any content that you publish is accurate;
  • that you are at least 16 years old;
  • that you have bought and tested the product for which you are leaving a Consumer Review beforehand,
  • that the use of the Consumer Review that you are leaving does not infringe the General Terms of Use of the Site, and does not harm any person or entity.

You hereby recognise that you, and not NARS, are responsible for the content of your review.


You therefore guarantee that you hold all the rights (including in particular the intellectual property rights and the image rights) to the Consumer Reviews that you leave on the Site. You accordingly guarantee that the display, publication or submission of any Consumer Review that you leave on the Site does not infringe the personality rights or the intellectual property rights of third parties.


You grant NARS an unrestricted, royalty-free, non-exclusive, perpetual licence to use the Consumer Reviews for any purpose whatsoever.


You undertake to compensate us and our senior officers, directors, employees, representatives and agents for any claim or action (including reasonable lawyers’ fees and related legal costs), should any claims or actions be brought against them based on (i) your infringement of any provision of these General Terms of Use, or (ii) an allegation by a third party that a Consumer Review that you posted on the Site infringes their intellectual property rights (such as, but not limited to, copyright, related rights, patents, trademarks, commercial logos, titles or drawings) or any other right of a third party (such as, but not limited to, privacy and image rights).


Should a third party file a claim or action as described above, you hereby undertake, at our request, to immediately provide us with full disclosure of any necessary exhaustive and truthful information to assess the merits of this claim and organise our defence.


NARS, its servants and agents, subsidiaries, partners or third party service providers as well as their respective directors, representatives and employees, shall not be bound by any confidentiality obligation in respect of all or part of the Consumer Reviews that you publish on the Site.


Content featuring on the Site


The content featuring on this Site and provided by NARS, including any artwork, graphical representations, photographs, images, screen dumps, texts, music, video clips, trademarks, logos, product names and names of personalities, slogans and any combination of these elements (the “NARS Content”) belongs to NARS and is protected in the European Union, in the United States and worldwide by trademark and copyright law and other intellectual property laws.


You are therefore not authorised to copy, reproduce, show or sell all or part of the Site and/or the NARS Content in any way whatsoever, nor to create works derived wholly or partially from the Site and/or the NARS Content.


Any unauthorised use of the NARS Content shall constitute an infringement of intellectual property rights and might give rise to civil action or criminal prosecution.


You agree not to download, display or use any NARS Content featuring on the Site in order to use it in any publication, public performance, on other web sites than this Site, for any commercial purpose, in connection with goods or services that are not those of NARS, in any way that might give rise to confusion in the minds of consumers, that harms or discredits NARS, that detracts from the rights of NARS, or that infringes its intellectual property rights in any other way. You moreover hereby undertake to refrain from misappropriating and misusing any NARS Content featuring on this Site by any other means.


Use of the Site


When you use the Site, you undertake:

  • Not to use the electronic communication facilities provided on the Site for illicit, criminal, wrongful purposes, or in ways that infringe the privacy of third parties, that constitute harassment or defamation, or that are obscene, threatening or hateful;
  • Not to download, post, reproduce or distribute information, software or other elements protected by copyright or by any other intellectual property right (as well as any personality right and right to privacy) without having first secured permission from the holders of these rights;
  • Not to gather or store any personal data concerning other Users;
  • Not to use the Site for any commercial purposes. You therefore undertake for instance not to download, post, send by e-mail or otherwise transmit any advertising or promotional content, such as any unsolicited e-mail, surveys, spam, chain e-mails, pyramid sales schemes or any other form of unauthorised solicitation or communication;
  • Not to download, post, send by e-mail or otherwise transmit any element containing computer viruses or other computer codes, files or programs that might interrupt, limit or interfere with the operation of any computer hardware or software, any telecommunication equipment or the Site itself;
  • Not to “reverse engineer”, decompile and modify the applications or the computer codes linked to the Site.

Any person who violates the foregoing undertakings may be banned from accessing the Site.


Liability -Warranties


The Users shall be responsible for the creation, the storage and the use of their identifier, verification e-mail and password, which shall be strictly personal and therefore cannot be shared with third parties. The Users must preserve the confidentiality and secrecy of this data. Any use of the Site under a User’s identifier and password shall be deemed to have been made by the User themselves. Users who suspect that their identifiers and password are being misused by a third party must immediately notify this to NARS by writing to the following address: contact@narscostmetics.co.uk.


THIS SITE IS HEREBY PROVIDED “AS IS”. NARS does not guarantee the long-term viability or the performances of the services that are accessible on the Site, nor that these services are free of bugs or other flaws, given that the existence of programming errors or the occurrence of technical incidents cannot be ruled out.


NARS hereby disclaims liability for any inconvenience or damage inherent to the use of the Internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses, or the impossibility to access the Site owing to maintenance operations, technical breakdowns, force majeure or any circumstance beyond its control.


NARS hereby disclaims liability for insignificant errors that might affect the elements presented on the Site, such as the information about and descriptions of the products.


Each User shall be responsible for their computer equipment, their data and software applications, as well as their connection to the network enabling them to access the Site. NARS hereby disclaims liability for the configuration, the performances or the compatibility of the User’s equipment with the Site.


Unlawful content


Any unlawful content or content that NARS believes is unlawful (“Unlawful Content”) that is brought to its attention shall be immediately removed from the Site. The term Unlawful Content shall specifically comprise Infringing Content, as defined below, and content constituting an apologia for crimes against humanity, inciting acts of terrorism and constituting an apologia for same, content that incites racial hatred, hatred against persons on account of their gender, their sexual orientation or sexual identity, or their handicaps, as well as content featuring child pornography, content that incites violence, such as violence against women, and content that runs counter to human dignity (“Offensive Content”). Any Offensive Content shall also be notified to the appropriate authorities.


Reporting Infringing Content, Offensive Content or any other Unlawful Content

    1. Reporting Offensive Content

In case you come across any Offensive Content on the Site, we would be grateful if you would immediately report this to us by contacting : contact@narscosmetics.co.uk.

    1. Reporting Infringing Content or other Unlawful Content

If you hold the trademark rights or copyright over a drawing, model or other material and you consider that any content published on the Site infringes your intellectual property rights (“Infringing Content”), or if you have witnessed the presence of Unlawful Content on the Site, you may request its removal by contacting NARS on : contact@narscosmetics.co.uk. In your notification, should be mentioned the following information:

  1. The date of the notification;
  2. If you are a natural person, your first name, family name, profession, domicile, nationality and birthplace, and if you represent a legal person, its form of incorporation, its name, its registered address and the body that legally represents it;
  3. A description of the content that you believe infringes your rights or is unlawful, as well as the reasons why you believe it should be removed, with enough details to enable us to locate it on the Site;
  4. The reasons why the content should be removed, including a statement of the applicable legal provisions and evidence for the facts that are alleged;
  5. A copy of the correspondence sent to the author or to the publisher of the Infringing Content requesting its removal or, failing that, evidence that the author or the publisher could not be contacted.

Upon receipt of your notification, NARS will assess it and determine whether the content should be removed from the Site. In case of absence of any of the abovementioned information in your notification, we might not be able to remove the notified content.


Third party web sites


The Site may contain links to third party web sites that are not operated by NARS nor linked to NARS. These hypertext links are provided for your information and convenience and are not sponsored by NARS or affiliated with the Site or with NARS. NARS hereby disclaims liability concerning Users’ experience while using third party web sites that they accessed to via the Site. Once Users are re-routed to a third party web site, these General Terms of Use shall cease to apply; only the terms of use of the web site that they access shall apply.


If you disclose your personal data to a third party web site, the processing of this data shall take place under the responsibility of this third party web site, in accordance with its privacy policy. NARS does not monitor the terms under which your data is collected, used or handled by these third party web sites.


Termination


NARS may terminate the account of a User on the Site at any point in time and without notice or any prior summons in the event of a violation of the terms of these General Terms of Use. The User in question shall be informed about this by e-mail.


Each User may terminate their registration on the Site at any point in time, without notice, by writing to : contact@narscosmetics.co.uk and requesting that their account be deleted.


Complaints – disputes


Should you have any complaint concerning your use of the Site, please : contact@narscosmetics.co.uk.


Should it not be possible to resolve a dispute with NARS by such means, the Users may resort to mediation or to any other alternative mode of dispute settlement.


Applicable law


These General Terms of Use shall be governed by and interpreted in accordance with English law.


Miscellaneous


Neither Party shall be liable in case of non-performance or improper performance of its obligations, if such non-performance is due to the occurrence of force majeure as defined by the case law of the English courts. The fact that either one of the Parties do not request the application of a clause of these General Terms of Use, whether temporarily or permanently, this shall not in any way constitute a waiver of the rights granted to that Party by that clause.


If one or more of the provisions of these General Terms of Use be considered invalid or declared as such in application of a law or regulation, or pursuant to a final ruling handed down by a court or other authority with jurisdiction, the other provisions shall remain fully valid.