Terms and Conditions

Who We Are

us.ciatelondon.com (“the Website”) is owned and operated by Brand Agency (London) Limited (in these Terms and Conditions referred to as “we”, “our” or “us”).

Registered office address: Studio 4.1, 4th Floor, Battersea Studio 2, 82 Silverthorne Road SW8 3HE United Kingdom*

Registered in England and Wales with Company No. 07014682 and VAT No. GB 111 1316 86

 

Contact Us

If you need to contact us about the Terms and Conditions or any other aspect of the Website or our products and services please do so between 09:00-17:00 GMT Monday to Friday in one of the following ways:

Email: customer.service@ciatelondon.com
Post: Ciate London, Studio 4.1, 4th Floor, Battersea Studio 2, 82 Silverthorne Road SW8 3HE United Kingdom*

 

Modification

We reserve the right to change any part of the Terms and Conditions without notice and your continued use of the Website will be deemed as acceptance of any changes. We advise you to regularly check the Terms and Conditions of this agreement. We have complete and sole discretion to modify, suspend or remove any aspect of the Website, including but not limited to content (whether placed on the Website by us, you or a third party), features or availability, without warning or liability arising from such action.

 

Severance

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which the Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that particular term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.

 

Governing Law And Jurisdiction

The Terms and Conditions will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English and Welsh courts without reference to rules governing choice of laws.

 

Acceptance Of Terms And Conditions

By accessing, using or browsing the content of the Website you agree to be bound by the Terms and Conditions each and every time you use the Website. You also accept our Privacy Policy. If you object to any of the Terms and Conditions you should not use any of the products or services on the Website and leave immediately. These Terms and Conditions may be changed by without notice. UK Law is applicable to these Terms and Conditions.

 

Opening An Account

In order to take full advantage of the Website, including placing orders, and for added services, you should open an account. If and when you open an account, you agree to (1) provide accurate, current, and complete information about yourself as requested in the appropriate registration form; and (2) maintain and update your information to keep it accurate, current, and complete. You may review, correct, change, or update your membership information by visiting the My Account section of the Website. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your account. We will deal with any information you provide to us in accordance with our Privacy Policy.  You are solely responsible for ensuring that your account information, including the password, are kept confidential and you accept responsibility for any action or posting that is done through your account.  If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your account. Please take care when publishing information on the Website and do not give away any sensitive personal information. At any time we reserve the right to freeze or terminate your membership if, in our sole discretion, we believe you have acted in breach of the Terms and Conditions or the spirit of the Website generally.  We may, but are under no obligation, to inform you of our intention to carry out such an act.

 

Material Placed By You On The Website

We encourage you to interact with the Website by leaving your reviews and comments, if, and where, the Website allows you to do so. The use of the Website is only for lawful purposes and you must use it in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party or expose us to actual or potential legal action, negative publicity or reputational damage. Accordingly the type of material that you cannot place on the Website by any means includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person, the publication of material that infringes another person’s rights, including their right to privacy and their intellectual property rights, the transmission of obscene or offensive content or anything that may cause the interruption of the normal flow of use or dialogue within the Website. When placing material on the Website you confirm that it is your own original work and is in accordance with this clause. Any information you post will, subject to our Privacy Policy and be considered non-confidential and non-proprietary and you grant us an irrevocable licence to deal with it in any manner we choose without referring to you beforehand including but not limited to deleting it or copying, quoting or repeating it in any format (together with the name you use to place that information on the Website) whether for commercial or non-commercial purposes. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information. If you do breach any of the Terms and Conditions you agree to indemnify us and be fully responsible for any claim arising in any way, including but not limited to: (a) your use of the Site; (b) your breach or violation of these Terms of Use; (c) your dispute with another user; or (d) the unauthorised access to any password-protected area of the Site using your password., expense, liability, losses, costs including legal fees incurred by us or our officers, directors, employees, agents, licensees, successors and assigns.  We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Intellectual Property

You acknowledge and agree that all content and materials available on the Site, including but not limited to the Ciaté name and logos, are protected by intellectual property and other laws. Except as expressly authorised by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.

 

Disclaimer Of Warranties

The Website, including all content, functions, and information made available on or accessed through the Website, is provided on an “as is” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose. The information on the Website does not constitute advice and should not be wholly relied upon to make any decision. We do not warrant that the Website or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.

 

Limitation Of Liability

In no event shall we be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or inability to use, the site or the content, materials and functions related thereto including but not limited to any loss of business, revenue, profits or data in relation to your use of the Website. Nothing within these Terms and Conditions will operate to exclude any liability for death or personal injury arising as a result of negligence by us or our employees.

 

Defamation

You recognise and acknowledge that it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. We operate on a "notice and takedown" basis. If you believe that any part of the Website contains a defamatory statement, please notify us immediately. We do not confirm that notification will result in removal of the material complained of and the final decision is solely ours and you have no right of action against us for anything other than defamation if we disagree with your view.

 

Third Party Sites/Links

The Website may contain hyperlinks to websites operated by other parties. We are not responsible for the availability or content of any third party websites or material you access through the Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not endorse and are not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). We are not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service. We disclaim all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Website. Links do not imply that we are affiliated or associated with any linked site, or are legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any of our trade marks, trade names, logos or copyright symbols.

 

Product Representation

We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of the equipment you use to view our site, may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of the equipment you use to view our site and cannot guarantee that your equipment's display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product.

 

Time Of Contract

Any order you place through the Website represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've received your order, and including a contact name, the total price, an order/reference number and instructions of how to contact us  (the "Confirmation Email"). The contract for sale between you and us is, therefore, formed at the time we send the Confirmation Email to you. Any products on the same order which we have not confirmed in a Confirmation Email do not form part of that contract.

 

Delivery

We aim to deliver your order to you in accordance with the Delivery Policy but offer no assurances or guarantees on time or date of delivery. Orders placed over weekends, Bank Holidays and any day after 13.00 GMT will be treated as received by Ciaté on the next working day. There is no dispatch or delivery on Bank Holidays, Saturdays and Sundays. Any items that are currently sold out will have a clear message to that effect on each product page, and we will offer you the option of a notification email to let you know when new stock is available for purchase. If for any reason, stock becomes sold out after your order is placed, we will aim to contact you soon after the order has been placed. We may offer alternative items or inform you of the date that we expect the missing item(s) to be back in stock. In the event of delivery not being possible within 14 days of receiving the order, we will undertake to keep you informed of any changes and give you the option to cancel the order and receive full refund of monies paid. If you are not available to take delivery of your parcel, if too large for letterbox or the Signed For option is chosen, the carrier will leave a calling card telling you how you can pick it up. Standard delivery prices vary depending on location of shipping address and choice of shipping including Royal Mail First ad Second Class Delivery. Charges are shown in the checkout. It is not possible for us to be specific about availability. When the order is not in stock we will first find out an approximate delivery date, and post as much information as we are able to on the Website. In the instance that a Confirmation Email is sent and it is only discovered the item is out of stock, after the fact, you will then be contacted with this information and you will have the choice to either cancel your order with a full refund of any monies paid or you may choose to continue with your order.

 Please note that due to the fragile nature of our products we are unable to send out all products via Royal Mail due to restrictions on hazardous goods. Baskets which contain more than 4 nail polishes, or products which contain more than 4 nail polishes will be limited to private courier delivery only at checkout.

In times of sale or high volume of sales we may be unable to guarantee Next Day Delivery, although we will endevour to have your order with you as soon as possible. Any delays will be communicated to you at the time of ordering. 

Returns

We hope that you enjoy your products. Should you have any issues, please notify us in writing by email, within 14 days of receipt of your order to customer.service@ciatelondon.com This does not affect your statutory rights. With the exception of faulty or damaged goods, if you return your purchase by post or courier after the 7 day period, we reserve the right to not offer you a refund in full. We will instead return your purchase to you and prior to sending it out, we will charge you the delivery fee that is applicable to the product purchased and the location to which your returns will be delivered.   Your email should contain all references that are on your receipt together with a full explanation of your reason for returning the goods. You should also advise us whether you’d like an alternative product/replacement or a refund (any returns received without prior notice may be delayed in being processed). Ciaté reserves the sole right of determining whether or not any request for return/refund made by the Customer should be accepted. Under no circumstances can any exchange/refund be entertained where the state or conditions complained of results directly or indirectly from the Customer’s action or inaction. If you need to return your order, it should be packaged securely in the same packaging in which you received it, with your returns reference clearly displayed on the exterior. This will be supplied to you by the Customer Service team upon notification of your wish to return the items. Please note: items can only be returned within our refund policy providing it is in its original condition (including the packaging where it forms part of the goods, for example, boxed gifts and gift items) have not been worn, opened or used and any seals on the product remain unbroken.   No refund or exchange will be given without a receipt or other proof of purchase. Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion.   We cannot accept Returns purchased from a third party retailers. We must have proof of purchase on record to process any Refunds or Exchanges. In the event that you are unsatisfied with your Ciaté London products, purchased via a third party retailer, please return to retailer directly.   Our return address is: Ciate London Returns, Keep Me, Unit1 Quadrant Court, Crossways Business Park, Greenhithe, DA9 9AY* If you no longer have the original packaging, it is your responsibility to ensure that the goods arrive with us in their original condition. We reserve the right to refuse a refund/exchange for damages caused by insufficient packaging. For reasons of hygiene, we are unable to offer exchanges or refunds on any opened product. Gift Vouchers and Gifts with Purchase are non-returnable and cannot be exchanged for cash. Ciaté are not liable to cover costs of returned goods where the items are simply unwanted or no longer required*. We would recommend that you return your items via recorded delivery and/or obtain a proof of postage for your records in case the items should the item(s) become lost. If you are returning an order which has qualified for a gift with purchase, the entire order, including any complimentary gifts will need to be returned. Exchanges will be processed within 2 working days from the date the returned goods are received. Postage charges will be applied for any exchanges at the standard rate. Where a refund is due, this will be processed in 2 working days from the date the returned goods are received, reflecting against your card with 7-10 working days. *Unless the return has been made within the cooling off period

 

Credit Card Payments

We use secure webpages and offer the use of our secure real time credit card transaction server. We reserve the right to refuse to supply to individuals whose credentials cannot be verified, We will use our sole discretion in these matters and will not authorise payment or supply unless we are completely satisfied that the order is legitimate.

Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay Later
• Pay In 3

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

 

Receipt

The Confirmation Email will act as a receipt, we will be pleased to provide any additional documentation you may require.

 

Pricing

It is possible that a genuine mistake may cause some of our products to be mispriced. If the correct price is lower than that stated on the Website at the time of your order, we charge the lower amount and send you the product. If the correct price is higher than that stated on the Website then we will contact you for instructions before dispatch or cancel your order and notify you of such cancellation. All prices are inclusive of VAT unless stated otherwise. Please note, we reserve the right to refuse any order in which items are mispriced.

 

Discount Codes

Magazine and online discount codes: Magazine (such as Marie Claire) discount codes can only be used once per customer. These codes cannot be used on sale items or on pre-order items, or in conjunction with any other discount code. Other discount codes: We sometimes issue discount codes to individual customers due to certain circumstances. Please note these codes are one use only codes and should only be used by the customer they were issued to. Some of these codes cannot be used on sale items or on pre-order items.

 

Health And Safety

We work hard to ensure that all of our products comply with the relevant legal requirements. Any specific issues you may need to be aware of in relation to any product is explained on the packaging for that product. Please contact customer.service@ciatelondon.com if you require further information. Once you have accepted the products then we shall have no liability whatever to the Customer in respect of those products other than for death or personal injury caused by our negligence or in relation to any statutory rights you may have that cannot be waived. You hereby agree to waive any statutory rights you may have that can be waived.

 

Complaints

Complaints should be made initially by email to customer.service@ciatelondon.com and will be acknowledged within 2-3 working days. Your complaint will be dealt with fairly and confidentially and we will keep you fully informed of progress.

 

Privacy Policy And Cookies

 Brand Agency London Ltd. Privacy Policy

Important Notice:

• This is the Privacy Policy of Brand Agency (London) Ltd (“Ciate London”). Company number (07014682) whose address is at Studio 4.1, 4th Floor, Battersea Studio 2, 82 Silverthorne Road, London, SW8 3HE.
• This privacy Policy sets out how and why Ciaté London (referred to as “we” “us” “our” in this policy) collect and use the personal data which you provide to us or which we collect when you interact with our website www.ciatelondon.com.
• We take our personal data responsibilities very seriously and we only use your personal data where we have a lawful basis to use it. We will not rent, sell or share your personal information with any other company for its own marketing purposes.
• We will only use your personal data where it is necessary to perform our contract with you (for purposes of a sale), or in a way which might be reasonably expected as part of interaction with our website which does not impact your interest, rights or freedoms. To ensure we are providing you with an optimum experience, we may use your purchase history to identify trends and provide you with a more personalised shopping experience.

The personal data we collect from you:

2.1 If you register with our website or purchase a product from our website, you will be required to complete a form with will require you to provide some or all of the following:

• Name and title
• Your billing and delivery postal address, phone, and email addresses
• Birthday – Day & Month

By disclosing your personal information to us this way, you are consenting to the collection, storage and processing of your information as stated in this policy.

2.2 Details of transactions you carry out through out our site and the fulfillment of your order/s.

2.3 we may collect, store and use information about your computer, tablet or mobile device. We also may collect information about your visit including (but not limited to) traffic data, IP address, geo location, browser/platform type and version, Internet Service Provider, operating system, referral source/exit pages, length of visit, page views, website navigation and search terms which you use; this is used as statistical data and does not identify you as an individual.

2.4 Personal data collected using cookies on our site (see cookie policy below)

How we use your personal data:

3.1 To manage and administer the website which enables you to use the website.

3.2 For the continuous improvement of our website; for example we may use your previous browsing habits and purchase history to select and suggest relevant products for you. We may also use your website data for internal purposes such as research and analysis to better improve site interaction.

3.3 We will share your personal data with the following recipients:

• Shopify in relation to processing and fulfilling your order.
• James & James Fulfilment to process your delivery
• Facebook in relation to social customer audience segments
• Use of first party data (cookie data, email addresses) to build custom audiences on Facebook and Instagram
• Use of first party data (cookie data, email addresses) to build remarketing audiences on Google Adwords
• Ometria for opt-in email newsletters and analytics/insights tracking
• Mention Me in relation to a referral programme
• Reviews.co.uk  to ask for post purchase feedback
• Fresh Desk for customer service queries
• Klarna - In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.

We do not forward any information to these parties for promotional purposes

 

3.4 Email marketing communications: by signing up to our newsletter and opting for marketing news at the account set-up stage, you are consenting to receive newsletters from us or to receive other targeted and relevant promotional communications. At any time, if you wish to stop receiving these emails we offer you the option to opt-out of this service via the unsubscribe link at the bottom of the email. We store and process our email marketing data through Ometria.

How long will we store your personal data for:

4.1 We will only keep your personal data for as long as is necessary to do so for the reason that we collected it for. As every case is different, depending on how our customers interact with us, we will constantly review how long we process your data for and delete accordingly.

Where your personal data is stored:

5.1 All information you provide to us is stored on a secure server.

5.2 We will keep all your information secure by taking appropriate technical and organisational measures against unauthorized or unlawful processing and against it’s accidental loss or damage.

5.3 Unfortunately not all information passed over the internet is completely secure. Any transmission is at your own risk and we cannot guarantee the security if data transmitted to our site. Once information is received by us we will use the strict security procedures outlined in this policy to prevent unauthorized access.

5.4 Payment transactions are made using payments providers. All credit/debit card transactions on our site are processed using a secure online payment gateway that encrypts your card details and cannot be accessed by us.

5.5 Our employees who have access to your information are obliged to respect the confidentiality and security of your personal data.

Your Rights:

You have the following rights in relation to the personal data we hold about you:

• The right to access the personal data we hold about you (commonly known as a “data subject access request”) including a copy of it.
• The right to have inaccurate personal data rectified (although if you hold an account with us, this can be amended in the account section of your Ciaté London account)
• The right to ‘erasure’/to be forgotten: you have the right to deletion of any personal data which we hold about you if there is no longer necessary reason for us to hold the information. If you would like to exercise this right, then please contact us using details outlined below.
• The right to restrict the way we process your personal data in certain circumstances for example if we are processing your data on the basis of legitimate interests. In such instances we will no longer process the relevant personal data unless we can demonstrate to you compelling legitimate grounds for processing the relevant personal data which override your interests, rights and freedoms.
• Right to lodge a complaint about us to the Information Commissioner: you are entitled to complain to the Information Commissioner’s Office about the way we process your personal data.

Contacting us

We welcome any queries, comments and requests regarding our Privacy Policy. If you would like to contact us about your rights set out above and other statements made in this Privacy Policy, then please use the following channels:

By email: customer.service@ciatelondon.com

By post: Ciaté London,Studio 4.1, 4th Floor, Battersea Studio 2, 82 Silverthorne Road, London, SW8 3HE.

 

Cookies

When you visit our website, we may place one or more cookies on your computer. A cookie is a small file that can be placed on your computer's hard disk for record keeping purposes. Cookies may be used to compile anonymous statistics related to the take up or use of services, or to patterns of browsing. A third party collects such data on our behalf to measure web site performance.

Information collected is aggregated for reporting purposes. No personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of our web sites

Cookies cannot be used by themselves to identify you and do not contain any personal or financial information. Through your computer settings you can delete cookies and are not obliged to accept them. However, if you disable cookies, many services on our websites may not be available to you.

Giveaway T&C

• For the purposes of these Terms and Conditions for the giveaway hosted by Ciate London whose Instagram handle is @ciatelondon the "Prize" refers to Watermelon Burst Hydrating Primer, Glow-To Illuminating Blush, Bronzing Serum, Editor Palette ‘England’ and Dewy Stix Highlighter.

 

• By entering the competition you agree to be bound by these terms and conditions. All entries must be received by 12pm on 5th June 2021. One (1) winner in Great Britain (excluding Northern Ireland) will be selected at random by Ciaté London on 5th June 2022 and the winner will be notified on or after this date.

 

• The giveaway with entry via Instagram are open only to residents of Great Britain (excluding Northern Ireland). One (1) winner will be chosen at random from all entrants on Instagram

 

• No purchase necessary. Winners will not be required to pay to enter the competition.
• Entrants must be over 18 years old on the date of their entry.
• Employees of Ciaté London are not eligible to enter.
• Instagram or Facebook are not in any way affiliated or involved in the competition.
• Only one entry per person per competition will be accepted.
• Each entrant shall enter the competition via Instagram by tagging another Instagram user in the comments of the specified post by @ciatelondon and following this Instagram profile.
• The Prize will be awarded to a randomly selected winner who has entered on Instagram, using a random number generator. Ciaté London will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
• Ciaté London will not be held liable for any failure of receipt of entries. Ciaté London takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
• To the extent permitted by applicable law, Ciaté Londons liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
• To the extent permitted by applicable law, Ciaté London shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
• Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
• The name, address, email address and phone number of the winner must be provided to Ciaté London if requested and will be shared to enable fulfilment of the Prize.
• In the event of unforeseen circumstances beyond Ciaté Londons reasonable control, Ciaté London reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
• Ciaté Londons decision is final. No correspondence will be entered into.
• The winner’s name and social media username may be posted on the social media profiles of Ciaté London after the winner has been selected.

 

 

 

• Discount Codes can only be used on full price items 
• Discount will currently not apply to new products launched within the last 3 months.
• Once your item has been added to your cart and you are ready to make your payment please log-in to your account and click ‘Proceed to Checkout’. The discount code must be entered in the ‘Gift Card or Discount Code’ section, before proceeding on to your preferred shipping options.
• Cannot be used in conjunction with any other offer or promotion.
• If you are experiencing difficulty with your discount code please contact customer service on customer.service@ciatelondon.com before you make your payment. Only proceed to make final payment once you see that your code has been accepted and the correct total is displayed for your payment.
• Refunds cannot be issued after a transaction has been completed without the correct use of a discount code.

 

 

Please contact customer.service@ciatelondon.com for further assisatnce