TERMS AND CONDITIONS OF ACCESS AND USE


Applicable as from July 18 2019.


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

Uploading Content to our Site

User reviews

Live Chat

Online conduct

Content Standards and Guarantees

Rights you are giving us to use Content you upload

NARS Content featuring on the Site

Use of the Site

Liability - Warranties

Unlawful content

Reporting Infringing Content, Offensive Content or any other Unlawful Content

Breach of These Terms of Use

Third party web sites

Termination

Complaints – disputes

Applicable law

Miscellaneous


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE


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 “Terms of Use”). By accessing or using the Site, you acknowledge having read and understood and agree to be bound by these Terms of Use, without limitations or reservations. We recommend that you print a copy of these Terms of Use for future reference.


LEGAL INFORMATION


Shiseido Group UK Limited ( is a limited company registered in England and Wales with Company number: 2797273, with registered office and headquarters located at 10th Floor, The Adelphi 1-11 John Adam Street, London WC2N 6HT - UNITED KINGDOM. Our VAT number is GB625996884


Overall responsibility for the publishing of the Site rest with our affiliated company, 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.


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


There are other terms that may apply to you These terms of use refer to the following additional terms, which also apply to your use of our Site:


If you purchase NARS products from our Site, our Terms and Conditions of Sale will apply to your purchases.


We may suspend or withdraw our site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.
NARS may suspend or stop providing access to all or part of this Site at its sole discretion for business and operational reasons, at any time. We will try to give you reasonable notice of any suspension or withdrawal but 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.


Personal data


Please read our Privacy Policy, which forms an integral part of these 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 and is only directed at users in the UK for delivery inside the UK only.


Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. This does not mean, however that you may not order products from our Site. All purchases from our Site shall be subject to our Terms and Conditions of Sale.


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 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 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.

  1. 3) 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 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 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 Terms of Use upon expiry of the abovementioned period of notice.


UPLOADING CONTENT TO OUR SITE


Whenever you make use of a feature that allows you to upload data, text, software, music, sound, photographs, graphics, video, messages or other materials including Consumer Reviews or Posts on our Chat Service (‘Content’) to our Site, or to make contact with other Users via our Chat Service, you must comply with the Content Standards set out in these Terms of Use.

You warrant that any such Content complies with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties as described in the section entitled “Rights you are giving us to use material you upload” below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Content you make on our Site if, in our opinion, your post does not comply with the Content Standards below.

You are solely responsible for securing and backing up your Content.


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.


LIVE CHAT


The NARS Site allows you to use the NARS live chat service to live chat with other Users (the "Chat Service") in accordance with these Terms of Use, on a free, non-exclusive basis.


You acknowledge that NARS has the right to terminate, limit or suspend your use of the Chat Service if it reasonably believes that you have breached these Terms of Use as detailed below.


NARS shall not be held responsible for any Content created by you or other Users on the Chat Service (a “Post”). To the fullest extent permitted by law, NARS excludes all implied representations, conditions and warranties whether express or implied. NARS shall not be liable to you or any other party for actions, proceedings, claims, losses or damages suffered by you arising from or connected to your use of the Chat Service or indirect or consequential loss or for loss of data, loss of revenue or loss of profits, whether in contract, tort or under statute or otherwise arising from or connected to your use of the Chat Service.


The Chat Service may be unavailable from time to time for maintenance or other technical reasons and NARS cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the Chat Service.  NARS reserves the right to suspend or cease provision of the Chat Service at any time without notice.


ONLINE CONDUCT


You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated. This means that you, and not NARS, are entirely responsible for all Content that you upload, post or email via our chat areas and our site. We do not guarantee the accuracy, integrity or quality of the Content.


We will do our best to assess any possible risks for Users from third parties when they use the Chat Service or any interactive service provided on our Site. However, we are under no obligation to oversee, monitor or moderate the Chat Service or any interactive service we provide on our Site. Under no circumstances will we be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of your Content and any other Content including any reliance on its accuracy or completeness. You also understand that by using our chat areas and our site, you may be exposed to Content that is offensive, indecent or objectionable though we will deal with any such Content as set out in these Terms.


Please be polite, clear and relevant, reply to comments and return to the page to see what others have to say and communicate in English


You acknowledge that the views expressed by other Users on our Site do not represent our views or values and that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on or via any chat area or our site generally.


CONTENT STANDARDS AND GUARANTEES


These content standards apply to any and all Content which you contribute to our Site, and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The Standards apply to each part of any Content as well as to its whole.


NARS will determine, in its discretion, whether Content breaches the Content Standards.


Content must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

When you leave a Consumer Review and/or make a Post on the Site, you undertake not to publish any content:

  • that is or may reasonably be considered to be fraudulent, invasive of privacy 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 misleading;
  • that infringes the rules of business secrecy or any confidentiality obligation;
  • that violates 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 or which could be construed as an advertisement or solicitation to buy (including any content that directs business away from NARS);
  • that contains any information about NARS‘s competitors or their products;
  • that refers to a third party individual without their prior express consent;
  • that is unrelated to the purpose of discussing NARS products and services;
  • that includes references to other web sites, addresses, e-mail addresses, contact details or telephone numbers;

Moreover, by leaving a Consumer Review or a Post 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 truthful and 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 your Consumer Review or Post does not infringe the 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 Consumer Review or Post.


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


RIGHTS YOU ARE GIVING US TO USE CONTENT YOU UPLOAD


You grant NARS a world-wide, unrestricted, royalty-free, non-exclusive, perpetual licence to use reproduce, modify, adapt, publish, translate, create derivative works from, distribute or display the Posts or Consumer Reviews (in whole or part) for any purpose whatsoever and to incorporate such content in other works in any form media or technology.  You hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988.


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 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 Content that you publish on the Site.


NARS 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. All such rights are reserved.


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


You may use our Site only for lawful purposes. When you use the Site, you undertake not to:

  • use our Site in any way that breaches any applicable local, national or international law or regulation.
  • use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • use our Site for the purpose of harming or attempting to harm minors in any way.
  • use our Site to bully, insult, intimidate or humiliate any person.
  • use our Site to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
  • 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;
  • 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;
  • gather or store any personal data concerning other Users;
  • 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;
  •  knowingly upload, 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;
  •  “reverse engineer”, decompile and modify the applications or the computer codes linked to the Site.
  • take any action with a view to distributing or reproducing the Site or the Chat Service; or
  • take any action that would affect the functionality of the Chat Service or the Site, in whole or in part.

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


You must keep your account details safe

Users are 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. 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.


We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.


Liability -Warranties


Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.


Please note that we only provide the Site for domestic and private use. You agree not to use our Site 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.


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 excludes 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 excludes 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.
  6. f. 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.

BREACH OF THESE TERMS OF USE


When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate. 


Failure to comply with the Content Standards constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Site.
  • Immediate, temporary or permanent removal of any Content uploaded by you to our Site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.


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 or approved by NARS or affiliated with the Site or with NARS and we have no control over the contents of those sites or resources. 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 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 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 Terms of Use shall be governed by and interpreted in accordance with English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.


Miscellaneous


Neither Party shall be liable in case of non-performance or improper performance of its obligations, if such non-performance is due to an event outside of the Party’s control (a force majeure event).


The fact that either Party does not enforce the application of a clause of these Terms of Use, whether temporarily or permanently, 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 Terms of Use are declared invalid 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.