Terms and conditions of sale
Welcome to flairdemuse.com ("The site").
The Site is owned and operated by Elesin Bros. Media Group (a company with its principal place of business at Wexstr. 25, 20355 Hamburg, Germany ("we", "us", or "our").
By placing an order with us for goods which are sold on the Site (our "Products") you will be deemed to have read, understood and agreed to these Terms and Conditions of Sale. Pursuant to applicable laws relating to e-signature, the placing of an order as detailed below shall be deemed electronic signing and evidence of the order and the amount due. Please read these Terms and Conditions of Sale carefully and, if you are unhappy with any aspect of these, you may not make a purchase on the Site.
Eligibility to purchase Products from the Site
You must be at least 16 years old in order to make a purchase on the Site. If you are under 16 years old then you must have parental consent to make a purchase on the Site. For the avoidance of doubt, the purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts with us on the Site.
Accuracy of information on the Site
We will take all reasonable professional care to ensure that all details, descriptions, images of Products appearing on the Site 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 the colors, information or other content available on the Site are accurate or complete. Images of Products are illustrative only; the packaging may vary from that shown. We have made every effort to display as accurately as possible the color of the Products that appear on the Site; however, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the Products on delivery. The Site may contain typographical errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. The information on Products available on the Site is provided in accordance with local laws.
Changes to these Terms and Conditions
We may make changes to these Terms and Conditions of Sale from time to time. Every time you order Products from us, the Terms and Conditions of Sale in force at the time of your order will apply to your contract of sale. If we revise these Terms and Conditions of Sale and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes.
Merchant of Record and your contract of sale
Orders made on the Site will be processed and fulfilled either by us or by one of our affiliates in the country associated with the delivery address for the order (a "Local Affiliate"). For those countries served by a Local Affiliate, the Local Affiliate will be the Merchant of Record for (and will be responsible for fulfilling) your order and you will be entering into a contract of sale with that Local Affiliate.
- Prices on the Site may be modified at any time and without notice.
- The price on the Site at the time of ordering will apply to your order unless there is an error or inaccuracy or typographical error in a price, in which case we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing information. You would be notified of any such decision.
- Payment to the Local Affiliate will be authorized at the online checkout upon order but your card will not be charged until shipment occurs. No order can be dispatched without confirmation from the relevant bank that your payment has been received. Online payment is accepted exclusively by Visa, MasterCard, and American Express credit or debit cards.
- You confirm that the credit/debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorize payment, neither we nor the Local Affiliate will be liable for any delay or non-delivery of Products. We/Local Affiliate retain(s) the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon shipment.
- By submitting your order on the Site, you expressly authorize usto perform the 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.
- For your security, your billing name and address must match that of the credit card used for payment. Online payment uses the SSL protocol, the industry standard in transferring information to process your orders, which offers maximum security. The information transmitted is entirely coded, is not seen nor stored, and is not shared with anyone.
- You own a Product once payment in full has been received by the Local Affiliate.
- Confirmation of the amount paid will be provided in a Dispatch Confirmation email and on a paper invoice included in your package.
Placing an order
- You can place an order on the Site by adding Products to your basket and following the checkout process. Before placing an order you may always correct any errors you entered, change the basket contents, by adding or removing one or more Products from the basket, or cancel the entire order during checkout before sending your order. You will also have an opportunity to review and edit all of the details of your order, including billing and shipping information, prior to confirming your purchase.
- Once you have placed an order on the Site, the Local Affiliate will notify you by email to acknowledge receipt of your order and to provide you with an order number. If the Local Affiliate is unable to fulfil your order following this acknowledgement, you will be contacted by email or telephone advising you of this. Acceptance of your order will be confirmed by an email that confirms that the Products have been dispatched ("Dispatch Confirmation"). A legally binding contract between you and the Local Affiliate will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when the Local Affiliate dispatches the Products to you). If you require any information concerning your order, please contact the relevant Local Affiliate quoting your order number.
- Your order may not be accepted if a Product you have ordered is out of stock, if there is a Product or pricing error, or if your payment is declined (or otherwise not authorized). Where permitted by applicable law, please note that we and our Local Affiliates reserve the right to reject any offer to purchase by you at any time prior to Dispatch Confirmation.
- If you wish to make a change to the Products you have ordered please contact the relevant Local Affiliate who will let you know if the change is possible and, if it is, any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change. You will be asked to confirm whether you wish to go ahead with the change. If the change cannot be made, or the consequences of making the change are unacceptable to you, you can cancel the contract in accordance.
- A Product will be your responsibility from the time it is shipped to the shipping address you provided.
- The Products available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or samples you purchase or otherwise receive from us.
- We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Returns & Cancellation Rights
We hope that you are delighted with your order, however, because you are a consumer, you have a legal right to cancel your contract under the Consumer Contracts Regulations. The cancellation period is fourteen 14 days from the date you receive the Products. This means that if during that period you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify the Local Affiliate of your decision to cancel the contract and receive a refund.
To cancel a contract, you just need to let the Local Affiliate know that you have decided to cancel. The easiest way to do this is by contacting them via our Contact Us page, quoting your order number.
If you have already received the Products that form the cancelled contract, you would be required to return the Products to the Local Affiliate in order to be eligible for refund. When returning Products please obtain a proof of postage (neither we nor our Local Affiliates accept responsibility for returned goods lost in transit). You will be responsible for the cost of returning the Products to us, unless the Product is non-compliant with your statutory rights.
The Products must be returned:
- Without undue delay and not later than fourteen (14) days after the date of cancellation (please note that if you send your cancellation form by email or by post, then your cancellation is effective from the date you send the email or post it);
- In the original and adequately sealed and protective packaging;
- In accordance with any labelling and packaging guidelines produced by your local courier (including any regulations relevant to fragrance Products).
If you have already received the Products that form the cancelled contract, but do not send off such Products to the Local Affiliate within fourteen (14) business days of notifying them of cancellation, they shall be entitled to withhold payment of any refund.
If you cancel your contract, the Local Affiliate will:
- Refund you the price you paid for the Products. However, as permitted by law, your refund may be reduced to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop (or you can choose to have such Products returned to you within fourteen (14) days of a notification of intention to make a deduction). If you are refunded the price paid before the Products are inspected by us or our Local Affiliate, and it is later discovered-that you have handled them in an unacceptable way, you must pay an appropriate amount to the Local Affiliate.
- Make any refunds due to you as soon as possible and in any event within fourteen (14) days after the day on which the Local Affiliate receives the Products back from you or, if earlier, the day on which you provide evidence that you have sent the Products back to the Local Affiliate. Your refund will be to the credit/debit card used by you to pay. You will receive email notification of your refund from the Local Affiliate.
- If a perfume is delivered damaged or is defective, you should contact, quoting your order number.
If you return Products for reasons other than defects in the Products, or incomplete or incorrect delivery, you will be required to arrange and pay for the return of the Products to us.
Upon exercising the right of withdrawal (where permitted), we undertake to reimburse you the full price of the Products within thirty (30) days of the date of receipt of the withdrawal, provided that:
- The Products are shipped back unused and undamaged
- The Products are shipped back no later than fourteen (14) days from the date of receipt of your withdrawal declaration; and
- We receive proof that the Products have been shipped back unused, undamaged and within the fourteen (14) day delay.
We may refuse reimbursement until we have received the resent goods or until you have provided proof that you have resent the goods, whichever occurs first. Refunds will only be made on the original credit card used. We will send to the customer a notification email once the reimbursement has been made.
In case of lack of conformity of Products pursuant to local laws, the legal guarantees established by local laws will apply. You have 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, you have the right to have an appropriate reduction made in the price of the Products, or the contract cancelled. You waive these rights if you fail to notify us of the lack of conformity within the local legal guarantee delay from the time you have detected such lack of conformity.
The provisions of this section will not limit the applicability of the mandatory provisions of any consumer protection law in your own jurisdiction. For example, if the time period for cancellation of an order or the time period to return defective or faulty goods in your country of residence are longer, then your legal rights will be determined by your country of residence if required by applicable law.
Shipping and delivery
- Delivery times may vary according to the delivery address, the type of delivery selected by you at the checkout, and the relevant Local Affiliate. Delayed delivery will not give rise to any penalty nor indemnity, and cannot be used as reason for cancelling the order.
- Your order will be shipped to the delivery address you provide at the checkout. Once an order has been placed, the shipping option cannot be modified. Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed.
- We are unable to process orders to a P.O Box address.
- Tracked deliveries that cannot be delivered because of absent customers will be shipped again at the customer’s expense, or cancelled. For specific delivery lead times, please contact us with your request before placing your order.
- Products containing alcohol (including perfumes): Due to strict international transport regulations, we are not able to ship items containing alcohol (hence perfumes) to some countries. If your country is not listed in this section, we recommend that you order our perfume oil or the body care collection instead as they do not contain alcohol and are therefore not subject to the same restrictions. If it’s an option for you, you can also change your delivery address to one of the countries listed here. Our most sincere apologies for the inconvenience. List of the countries where WE CAN ship alcohol-based items (including perfumes):
Andorra, Guernsey, Portugal, Austria, Hungary, Romania, Belgium, Ireland, Scotland, Bulgaria, Isle of Man, Slovakia, Canada, Italy, Slovenia, Cyprus, Jersey, Spain, Czech Republic, Latvia, Sweden, Denmark, Lithuania, Switzerland, Estonia, Luxembourg, United Kingdom, Finland, Malta, USA, France, Netherlands, Wales, Germany, Norway, Russia, Greece, Poland
Our liability for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us or our Local Affiliate. If we/they fail to comply Terms and Conditions of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our/their breaking this contract or our/their failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we/they and you knew it might happen, for example, if you discussed it with us/them during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products elsewhere to the extent required by applicable law, the mandatory provisions of the consumer protection laws of your country of residence.
- We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.