Terms & Conditions | Terms & Conditions of Sale
These Terms govern and apply to the relationship between (a) Clarins and its affiliates that operate this Site, such as Clarins USA, Inc., (collectively, “Clarins”), when acting as the seller or reseller of the products offered on this Site (the actual seller hereinafter referred to as the “Seller”, “we”, “us”) and (b) you (the “Buyer”, “you”, “your”) for the purchase by you of products and/or services (including software products) and your use of this Site.
You can reach us by contacting:
Mugler Customer Care
15 Olympic Drive
Orangeburg, NY 10962
Phone: (877) 843 7968
These Terms will supersede any and all other terms and conditions contained in or referred to in order(s), in correspondence, or elsewhere notwithstanding any provisions to the contrary in such other terms and conditions. The Seller reserves the right to amend these Terms at its sole discretion. Any amendments to these terms and conditions will become effective immediately upon posting and apply to any orders made via this Site or information provided or updated after such posting.
2- Age Restrictions
If you believe we have collected personal identifiable information from a person under the age of 13, please contact us at email@example.com, with a reference in the subject line “Child Data Deletion Request”, and we will delete such personally identifiable information.
3- Placement of order, Offer, and Contracting
Orders may be placed exclusively online at this Site, which is available in English. Before placing the order, you may review and change data related to the order at any time in the “shopping bag” area of this Site. You may identify and correct input errors any time before submitting the order by clicking the "submit order" button, and may do so by reviewing the order and the price, reviewing the details of each product, and selecting or deselecting a product.
The presentation of products on this Site does not constitute a binding offer from the Seller.
We reserve the right to limit the maximum product quantity and/or the maximum amount per order.
When you click the "submit order" button, you agree to enter into a purchase agreement and to these Terms. Orders will not be placed and processed until you accept these Terms (for example, by placing a checkmark in the appropriate check box). Once you have placed an order with the Seller, we will send you an e-mail confirming receipt and listing details of the order (order confirmation) without undue delay. This order confirmation does not constitute completion of your purchase, but is only intended to inform you, the Buyer, that we received the purchase request. A contract of sale shall be created only when we ship the ordered product to the Buyer and confirm shipping with a second e-mail (shipping confirmation). No contract of sale shall be created for products not listed in the shipping confirmation. The Seller shall be the contracting party. These Terms applicable to your purchased product and other terms of sales will be stored by the Seller and is available for the Buyer to review on request. You may request a copy of these terms by sending an email to firstname.lastname@example.org.
For the avoidance of doubt, these Terms shall apply to your use of this Site and the formation of any purchase contract as soon as you review the products and services advertised on this Site.
4- Consumers’ right of withdrawal, incomplete deliveries, and damaged or faulty products
4.1 Return Policy
Subject to the order cancellation exception noted below applicable to software, you have the right to cancel your purchase, and return a delivered Product, without penalties and without indicating any reason by notifying the Seller within thirty (30) calendar days from the day following the purchase or delivery of the product, whichever occurs last.
All software purchases are final. You cannot cancel or waive a purchase of a software program (i) acquired through downloading or forwarding of a key to activate the software program or (ii) unsealed by the consumer.
PRODUCT RETURNS SHALL BE EFFECTED BY COMPLETING A RETURN REQUEST FORM PROVIDED WITH THE ORDER AND SENDING IT TO THE POSTAL ADDRESS BELOW WITH RETURNED PRODUCT(S) BEFORE THE EXPIRATION OF THE ABOVE DEADLINE (30 DAYS):
Attention: Mugler Return Processing
15 Olympic Drive
Orangeburg, NY 10962
4.2 Incomplete deliveries and damaged or faulty products
You may (a) exchange your products or (b) obtain a full refund if the products in your order are damaged or faulty upon receipt, or if the products you have received are not the products you originally ordered.
When exchanging damaged or faulty products or incorrect deliveries, we will dispatch replacement items to you free of charge provided you first return the products in your order to us in the condition in which you received them.
With respect to damaged, faulty, or incorrect orders, or delayed deliveries, we will refund (to the original credit or debit card account used to make the online purchase):
- the full purchase price;
- the delivery charges incurred in delivering the products to you (where only part of an order is returned to us, we may reduce the amount of the delivery charge we refund you to account for the delivery costs of those items sent to you and not returned); and the shipping costs to return the products to us, provided you first return the products in your order to us in the condition in which you received them. If you fail to return products to us we may charge you for the products or the cost incurred in collecting them from you.
To obtain a refund or exchange products, please return products within thirty (30) calendar days as of the delivery date of the defect.
You shall also be entitled to a refund if you order was delivered after thirty (30) business days from the date of your order caused by the willful misconduct or gross negligence of the Seller or its supplier. To obtain a refund, please return products within thirty (30) calendar days as of the delivery date of the product, including the shipping label provided with the delayed product.
The above provisions do not affect your statutory rights.
5- Product Descriptions and Prices
We will take all reasonable care to ensure that descriptions, details, and prices of the products appearing on this Site are accurate at the time they are entered onto the system. This Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on this Site may be incorrectly priced or described. If a product’s correct price is higher than the price stated on this Site, we reserve the right to cancel your order prior to sending you shipping confirmation (as defined above) or to supply it at the previously indicated price.
Product prices are in US Dollars and are stated exclusive of delivery charges, which will be indicated separately on this Site and before order completion.
WHILE WE AIM TO KEEP THIS SITE AS UP TO DATE AS POSSIBLE, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT AVAILABLE ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
Products advertised for sale on this Site may be ordered only if the invoice and delivery addresses are within the United States of America.
We will make every effort to deliver the product to you within the time indicated on this Site and in any event within thirty (30) calendar days of order confirmation. Nonetheless, the times indicated on this Site are predictive only. We shall not be liable in any way if delivery takes place at a later date.
To the fullest extent permitted by the applicable law, if the Seller is unable to deliver the ordered product through no fault of its own, we shall be entitled to withdraw from the contract with the Buyer. In this case the Buyer will be advised immediately that the product is unavailable. We will then return the sums paid by you within thirty (30) business days of the day after the end of the delivery period.
The Seller ships all orders via a parcel service (UPS). All items are insured by the Seller until they have been delivered at your address. In case of incomplete or damaged deliveries, please refer to section 4.2 of these Terms.
If the Buyer was apprised of the delivery date within a reasonable time period, but it is impossible to effect delivery through no fault of its own, for example because the delivered merchandise does not fit through the Buyer's building door, front door, or the staircase; because the Buyer cannot be found at the address he indicated, the Buyer shall bear the costs for the unsuccessful delivery.
7- Due date, payment, and default
Payment can be made by credit cards (Visa, Mastercard, American Express, and Discover) or via PayPal. By using and verifying one of these payment methods, you confirm that the payment method being used is yours. The amount payable will be debited or charged to your account when your order is accepted by us. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we shall postpone delivery and contact you. In that case we shall not be liable for any delay or non-delivery. To protect your credit card details, we will process payment by means of an encrypted connection supported by your browser. We are not liable for any misuse of information by third parties.
Payment is complete when our bank account is irrevocably credited with the amount due.
If you are in default or if your account cannot be debited upon acceptance of your order, the Seller shall be entitled automatically and without prior notice to charge daily late payment interest at the rate of (i) 5 % p.a. above the applicable statutory interest rate for professionals, and (ii) the applicable statutory interest rate for consumers, as of those events. The Seller explicitly reserves the right to prove additional damages and collection costs and to claim compensation therefor.
8- Risk and title
The products will be delivered to the place of delivery specified in the Seller’s shipping confirmation. Risk of loss, damage, and theft of the products transfers to the Buyer upon delivery.
Products shall remain the property of the Seller until complete and final payment of the purchase price, including any transportation charges, taxes, and late payment interest. The Buyer will ensure that the goods subject to retention of title remain at all times recognizable as the property of the Seller. If the Buyer resells or pledges goods that are subject to retention of title, it will notify the third party that the goods are subject to retention of title by the Seller.
If the product is defective, the statutory provisions shall apply.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE LIMITED WARRANTIES SET FORTH UNDER SECTION 4.2 ABOVE, THE SELLER AND ITS SUPPLIERS MAKE, AND THE BUYER RECEIVES, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND THE SELLER AND ITS SUPPLIERS SPECIFICALLY MAKE NO REPRESENTATIONS WITH RESPECT TO PRODUCTS, ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS OR ERRORS, HIDDEN DEFECTS AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR HIDDEN DEFECTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, LOSS OF SAVINGS, LOSS OF CLIENTELE, LOSS OF OPPORTUNITY, LOSS, CORRUPTION OF, OR DAMAGE TO DATA, LOST PROFITS, COSTS OF RECOVERY OR ANY OTHER DAMAGES, EVEN WHERE THOSE DAMAGES ARE CONSIDERED DIRECT DAMAGES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NON-CONTRACTUAL FAULT, WARRANTY FOR HIDDEN DEFECTS OR OTHERWISE, AND WHETHER OR NOT THE SELLER OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE SELLER AND ITS LICENSORS AND SUPPLIERS ARISING OUT OF THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE SUM OF THE AMOUNTS PAID AND OWING TO THE SELLER FOR THE RELEVANT PRODUCT DURING THE RELEVANT AGREEMENT TERM.
NOTHING IN THESE TERMS AND CONDITIONS WILL EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR ANY DAMAGES CAUSED BY OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE TERMS AND CONDITIONS SHALL ALSO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
11- General terms
11.1 Applicable Law – Jurisdiction
By visiting this Site, you expressly agree that the Terms and any dispute, claim, action, cause of action, issue, or request for relief between you and the Seller arising out of or relating to these Terms, your visit to our Site, or to products or services obtained on or through our Site (collectively “Disputes”) will be governed by and construed in accordance with the laws of the state of New York, U.S.A., without giving effect to any conflict-of-law principles that may provide the application of the law of another jurisdiction. Subject to Section 13.2, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, State of New York, for all Disputes that are heard in court.
11.2 Binding Arbitration
You and we agree to submit all Disputes to confidential arbitration in the state of New York on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any Disputes that might otherwise be brought on a class, collective, or representative basis between you and a Seller.
This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You and the Seller shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and the Seller shall each separately pay your or its own attorneys’ fees and costs.
Notwithstanding the above, if the Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, for instance the enforcement or validity of our, or our licensors’, intellectual property rights, we may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of New York.
You agree that if any provision of these Terms and Conditions is found to be invalid, unenforceable, or void, that provision shall be struck from the Terms, and the remainder of the Terms shall remain in full force and effect consistent with applicable law. However, in the event the provisions waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.
11. 4 Limitation on Disputes
You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. A waiver must be in writing and signed by the party giving the waiver.
LAST UPDATED: January 17th, 2020