Applicable as from October 1st, 2022.

 

These general terms and conditions of sale (the “T&Cs”) constitute a contract between (a) SHISEIDO UK LTD, the exclusive distributor of the Drunk Elephant brand in the United Kingdom (“Drunk Elephant ”) and (b) any natural person (the “Client” or “you”) wishing to purchase Drunk Elephant branded products (the “Products”) via the www.drunkelephant.co.uk e-commerce web sites (“the Site”).

SHISEIDO UK is a Limited Company registered in London under number: 2797273 - VAT number: GB625996884, with headquarters located at 1 Kingsway 6th Floor - London WC2B 6AN - UNITED KINGDOM

Customer service Email: contact@drunkelephant.co.uk

Phone : +442038100570 Monday to Friday, 9AM - 6PM, UTC+1. Excluding official bank holidays.

Throughout these T&Cs, the Client and Drunk Elephant are referred to jointly as the “Parties”, and individually as a “Party”. Please read these T&Cs carefully before you use the Site or place any order for a Product. By using the Site or purchasing any Product, you confirm that you accept these T&Cs, and agree to comply with them. If you do not agree to these T&Cs you must not use the Site or purchase any Product. If you have any questions about these T&Cs, contact us at contact@drunkelephant.co.uk .

Drunk Elephant will be entitled to refuse any order that does not clearly correspond to a retail sale. Moreover, you may not order more than five (5) Products with the same reference. Orders exceeding the abovementioned quantity will be automatically rejected.

Your access to the Site is also governed by the Terms of Use of the Site as well as by the Privacy Policy and Cookie Policy both of which are accessible on the Site.

You may record or print out these T&Cs, provided that you do not modify them.

Any special requests made by you in relation to any order are always subject to Drunk Elephant’s prior written agreement. Any terms which you may provide or attach to any order shall have no effect unless agreed in writing by Drunk Elephant.

CLAUSE 1: SUBJECT-MATTER

These T&Cs set out the terms and conditions governing the online sale and the delivery of the Products by Drunk Elephant to you, as well as the steps that must be taken to place an order.

CLAUSE 2: PRODUCTS

2.1. DESCRIPTION OF THE PRODUCTS

The Products available to purchase on the Site and their detailed descriptions (in the form of product data sheets) are shown on the Site.

Drunk Elephant shall use its reasonable endeavours to ensure that the visual depictions of the Products shown on the Site constitute faithful reproductions of the original Products. Nevertheless, as Drunk Elephant does not have control over the colour rendering properties your computer hardware and software, Drunk Elephant cannot be held liable for any inaccuracy of the photographs featured on the Site.

If you have any questions or require any advice concerning the Products and their use you may contact our Customer Service unit:

- by sending an e-mail to contact@drunkelephant.co.uk
- by telephone: +442038100570 - Monday to Friday, 9AM - 6PM, UTC+1. Excluding official bank holidays.

2.2 AVAILABILITY OF THE PRODUCTS

The Products sold by Drunk Elephant as featured on the Site are subject to availability.

Drunk Elephant shall use its reasonable endeavours to report any permanent or temporary unavailability of its Products on the relevant Product information page or at the time when you place your order.

Should, despite our vigilance, a Product not be available at the time we prepare your order (such as due to a lack of stock), Drunk Elephant will cancel the order in full and will notify the Customer as soon as possible by e-mail.

If the order was for several products, the Customer may place a new order with the available products.

Should you already have been charged at the time of the cancellation, Drunk Elephant undertakes to refund the entire value of the order to you as soon as possible directly to the bank account / bank card that was used to pay for the order.

Where a page mentions free gifts or samples with a purchase, this is subject to availability. An order shall not be cancelled in case of unavailability of free samples or gifts.

CLAUSE 3: PRICES

The prices of the Products are firm and are quoted in pounds sterling. The applicable prices shall be those that are displayed on the Site at the time when you place your order.

Prices for Products are quoted inclusive of VAT and taxes at the current rates and are correct at the time of entering the information onto the Site (only where applicable - see below). We reserve the right, however, to change prices at any time without notice to you.

Delivery costs (including other taxes and levies linked to the delivery) shall be listed separately in the Cart and set out on the order summary prior to final approval and purchase by you. All costs are further set out in the order confirmation e-mail sent to you following purchase.

Any change in the statutory VAT rate shall be reflected in the prices of the Products featuring on the Site, as of the date the new rate comes into effect.

Should you use a bank card tied to an account denominated in a currency other than pounds sterling, your bank may charge currency conversion costs and bank costs, which must be borne by you in full. Should you decide to return the Products, these costs shall not be refunded.

Prices charged will normally be verified as part of the order confirmation. In case of an error in the price quoted for the Products at the time of the order, where a Product's correct price is less than the quoted price, you will be charged the lower amount. If a Product’s correct price is higher than the quoted price, we shall contact you to give you the option to either maintain your order while paying the right price, or to cancel your order.

CLAUSE 4: ORDERS

4.1. PLACING AN ORDER

When placing an order, Clients are guided to follow a series of straight-forward instructions:

1. To place an order, you must be at least 16 years-old, have the legal capacity to be bound by these T&Cs and hold a payment method as defined in clause 5.1 below.

2. To add a product to the shopping cart, clicking on the Product, click on [BUY], select the quantity and click on “ADD TO BAG”. The Client may select further Products by continuing to browse the Site.

3. To see the contents of your shopping cart, click on the [SHOPPING CART] icon at the top right-hand corner of the screen. The shopping cart shall then be displayed on screen, showing all the items it contains, the total price to be paid, as well as the product reference, picture and quantity of the Products, the total price of the order and estimated the delivery costs.
At any time before you confirm the order and pay for it, you may change the colour (where available) or quantity of a Product, add it to your wish list or delete it from the cart and add further Products. The sum total value of the order shall then be recalculated automatically.
If you have a promotional code please insert it on the Shopping cart page.
Finally, the Client may also select any available free samples or gifts

4. Once you have finished selecting the Products, you may order them by clicking on the [CHECKOUT] button. At this point, a new web page shall be displayed, prompting you to login to your account, to create an account or to continue as a guest.

5. At the next step, you must input the delivery address select your shipping option. You must provide an address in the United Kingdom to which deliveries may be made during working hours, as well as your full name and e-mail address. Once the form has been filled in, click on the [PROCEED] button.

6. At the next step, you must choose a payment method, provide banking or payment details and confirm the billing address (which may be identical or different from the delivery address). A summary of the order will then be displayed on the right-hand side of the screen, reiterating all the information concerning the order.

7. After checking your order, you shall be prompted: - to pay for your order; - or to change order and/or your contact details by clicking on the “go back” button. Please make sure to check the details of you order before you validate the payment.

8. Before clicking on the [PAY MY ORDER] button, you are prompted to read and accept these T&Cs by ticking the appropriate box. Once you click on the [PAY MY ORDER] button, the Order Confirmation page shall be displayed.

The sale shall be final (subject to your right to withdraw in keeping with the terms of clause 5 of these T&Cs and your statutory rights).

4.2. ORDER CONFIRMATION

Once your order is submitted, a 'Thank You' page will appear. Save a copy of this page for your records, as it contains your order number

Once the order has been confirmed and the payment has been approved as explained in clause 5 below, a summary of your order, shall be displayed, and an e-mail confirming the order shall be sent to you (the “Order Confirmation”) which shall set out the following details:

• the order number allocated by Drunk Elephant when you placed your order;
• the order summary (identification of the Product(s) ordered, the quantity and the price);
• the total value of the order, including all taxes;
• the delivery costs;
• the delivery procedure for the Product(s) ordered (delivery method).

The payment for the order (including delivery If an order confirmation does not arrive within 24 hours of submission, please contact us here. If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please contact us here . For more details please read our Terms and Conditions of Sale.
The payment for the order (including delivery costs) shall be taken when the Product(s) are dispatched. The Client shall thereupon receive an e-mail confirming the dispatch of their order.

Clients who require information regarding the status of their orders should log in to their account to follow their order status or contact our Customer Service unit in case of a problem (contact@drunkelephant.co.uk or +442038100570).

4.3 EVIDENCE OF THE ORDER

You are advised to save and keep your Order Confirmation for your records.

If necessary, you may request the electronic contract formed between you and Drunk Elephant. To do so, you should contact our Customer Service unit (contact@drunkelephant.co.uk or +442038100570), stating your contact details and the order number.

In general, Drunk Elephant recommends that you keep a copy of all the e-mails concerning their orders. E-mails shall be sent to the e-mail address provided by you. Drunk Elephant shall not be liable in case of a typing error in the e-mail address provided by the Client resulting in the Order Confirmation e-mail not being received.

Moreover, Drunk Elephant shall keep the information concerning any order for a period of 7 years, said information being made available to you upon receipt of your request sent to contact@drunkelephant.co.uk.

CLAUSE 5: PAYMENT

5.1. METHOD AND MEANS OF PAYMENT

Payment must be made on the Site immediately at the time of placing the order, in pounds sterling

You hereby warrant to Drunk Elephant that you hold all the requisite authorisations to use your chosen method of payment at the time of the approval of your order.

Drunk Elephant shall have the right to cancel an order which has not been paid in full and the Client shall be informed of this by e-mail.

Payment methods accepted: bank card (Visa, MasterCard, American Express), Paypal, Apple Pay, Klarna , or by any other payment method proposed on the Site..

5.2 SECURE TRANSACTIONS

The order transaction shall be performed in keeping with all applicable banking security standards. In order to ensure the security of payments by bank card on the Site, Clients must disclose to Drunk Elephant the security code (CVV) shown on the reverse of the bank card that they use to pay for their order.

The Client’s bank card shall then be debited after checking that their order meets all the terms of these T&Cs, and that the item(s) ordered are available, at the time when they are dispatched.

Drunk Elephant uses a secure payment platform called ADYEN.
Drunk Elephant secure checkout- VeriSign SSL encryption: Drunk Elephant understands how important security is when shopping online. We use Secure Socket Layer (SSL). This is the most advanced consumer online security technique to date. Drunk Elephant staff do not have access to customer credit card numbers.

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

Pay in 30 days: The payment period is 30 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria, Switzerlandand the Netherlands.

Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmarkand Finland.

The payment methods Pay in 30 days, Slice It are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

As part of the ongoing campaign against fraud over the Internet, information concerning a Client’s order may be transmitted to any third party that is duly empowered by law to check the identity of the Client, the validity of the order, the payment method used and the planned delivery.

Pursuant to these checks, Drunk Elephant reserves the right to request a photocopy of the identity card of the Client and/or proof of address, in order to check the identity of the holder of the card used for payment. Clients shall have a right to access, object, amend and delete their personal data that is held by Drunk Elephant. Clients shall also have a right to restriction of the processing and data portability. To learn more about these rights and how to exercise them, please read our Privacy Policy and Cookie Policy.

Should the Client not respond to Drunk Elephant’s request for additional information within fifteen (15) days, the credit card order shall immediately be cancelled, and the bank account that was debited at the time of placing the order shall be refunded as soon as possible.

CLAUSE 6: DELIVERY AND RECEIPT

6.1.DELIVERY TERMS AND COSTS

The Products that are ordered may only be delivered to England, Scotland, Wales, Northern Ireland and the Channel Islands.

Once the order has been prepared, it will be dispatched to the postal address provided by the Client upon placing the order.

An e-mail will be sent to the Client when the order is dispatched.

Clients are advised to save this e-mail in order to keep track of their order.

Clients shall then have the possibility to monitor the progress of their delivery on the Site by clicking on the “My account” link at the top of the screen, and keying in the e-mail address and password that they provided, or through the “Track Your Order” link available at the bottom of each page of the Site. The Product(s) ordered by the Client shall be delivered to the delivery address indicated in the order confirmation e-mail.

In any event, the order must be delivered within thirty (30) days following the day after that on which the Client placed their order, subject to full payment of the price.

Should the order not have been delivered within this timeframe, the Client shall have the right to cancel their order in keeping with the terms of clause 7.1 below. The moneys paid by the Client shall then be refunded.

6.2. LATE DELIVERY

The Clients must inform Drunk Elephant about any delay in the delivery of their orders you are aware of as soon as possible by calling the Customer Service on +442038100570or by sending an e-mail to contact@drunkelephant.co.uk in order to enable Drunk Elephant to take the requisite steps with the postal or courier services involved.

Should Drunk Elephant fail to deliver the Products within a reasonable period following the Client’s email and at the latest thirty (30) days after the order, the Client may cancel his/her order by calling the Customer Service on +442038100570or by sending an e-mail to contact@drunkelephant.co.uk.

Once a Client has exercised their cancellation right, Drunk Elephant shall refund the price of the order to the bank card or account that was used to place the order, as soon as possible and in any event within 14 (fourteen) days following receipt of the Client’s request for cancellation.

No partial deliveries shall be performed.

6.3. RECEIPT OF THE PRODUCTS

Each delivery shall be deemed to have been performed once the Client or a third party designated by the Client has taken physical possession of the Product(s), with signature of the delivery note where available.

It is the Client’s responsibility to check that the Products that are delivered comply with the order and are in good condition when they are received.

In case of damaged or missing items, Clients must promptly notify the carrier, on the carrier’s form where available and providing a reasonable level of detail. In any case, the Client shall also contact the Customer Service unit of Drunk Elephant by sending an e-mail to contact@drunkelephant.co.uk without undue delay.

6.4 TRACKING THE ORDER

After your order is placed, you will be emailed a receipt confirmation. As soon as your package is assigned a tracking number, you can track the delivery status from your customer account.

Click on view my order; then, click on the order number you wish to track. You may check the status of your orders and past order history by visiting your Order History page.

CLAUSE 7: RIGHT TO WITHDRAW
AND RETURN POLICY

7.1. STATUTORY RIGHT TO WITHDRAW

The Client has a cooling off period at any time before the order is delivered and up to fourteen (14) days afterwards, during which they may return any Product(s) ordered.

Clients have a legal obligation to take reasonable care of the Product(s) while in their possession. If a Client fails to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to the Client having used the Product(s)), up to the price of the Product(s), from the refund to which the Client is otherwise entitled. The Product(s) must be sent back in the same condition in which the Client receives them (which does not interfere with Clients' right to take any reasonable steps to examine the Product(s) and make sure they conform to the order) according to the return procedure described in clause 7.3 below or together with the withdrawal form shown below or a clear indication informing Drunk Elephant that you want to return the Products, to the following address: contact@drunkelephant.co.uk

Products must be returned according to the procedure described in clause 7.3 below.

However, in accordance with applicable laws, we do not accept returns and refunds of Product(s) if the Product(s) were personalised on request, or if the Product(s) have been opened / unsealed by the Client and cannot be returned for reasons of hygiene (which is notably the case for cosmetics).

Subject to compliance with the return procedure described herein, Drunk Elephant undertakes to refund all the moneys paid by the Client, including the standard delivery costs.

7.2 COST OF RETURNING THE PRODUCTS

The cost of returning the Products shall be borne by the Client, save where the Products that were delivered do not comply with the order (in which case these costs shall be borne by Drunk Elephant).

However, pursuant to clause 7.3 below Drunk Elephant offers to cover the cost of returning the Products even when the Client invokes his/her right of withdrawal.

7.3 THE RETURNS AND REFUND PROCESS

In order to return a Product the Client must follow the following steps.

STEP 1 – Contact Customer Service or login to you Client account

• You can contact the Customer Service team on +442038100570 by e-mail to contact@drunkelephant.co.uk.
• You can also make a return request on the Site by connecting to your Client account.

STEP 2 – Return the Product(s)

• You can initiate a return request up to 14 working days after receiving the Products and ask for a refund. The money shall be refunded through the same payment method as the one used for the order. You must return the Products in their original condition within 14 days.

Please follow the following steps in order to return Drunk Elephant Products:

1. 1 - Make an online return request by clicking on “Create a return” from the page detailing your initial order, accessible from your Client account. You can also click on “Track order” at the bottom of each page of the Site, if you do not have an account.
2. 2 - Once the return is created, print the return form from the confirmation page and put it in your parcel.
3. 3 - From the same page, click on “print prepaid label”.
4. 4 - Place the Products you wish to return in their original packaging where possible, or otherwise other suitable packaging and ensure that the parcel is correctly sealed.
5. 5 - Stick the prepaid return label on the parcel and ensure that no previous delivery label is still visible.
6. 6 - Leave the parcel at your Post Office.

You can also contact our customer service by phone 442038100570 or by emailing contact@drunkelephant.co.uk .

Please ensure that you obtain proof of sending when you return the Products to us. We recommend that you keep your proof of sending to cover for the unlikely event that we do not receive the returned parcel. We cannot accept any liability for Products being returned that are lost in transit. You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/dispatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s), except when using the provided prepaid return label.

If the Products are not eligible for return, we shall be under no obligation to accept the returned Products nor to issue you any refund. We shall not be liable for any delivery costs in returning the Products to you if we reject them. If you would like the Products returned to you when we cannot accept a return, you must organise the collection and delivery of the Product(s) to your address at your expense within 28 days, or we shall not be under any obligation to keep the Products for you.

STEP 3 – Processing of the refund
Moneys will be refunded using the same method originally used by you to pay for your purchase and within fourteen (14) days maximum following our receipt of the returned Products or, if earlier, following the day on which we receive evidence that you have returned the Product(s) to us, provided that you shall have returned the Products in their original condition in due time.
You will be refunded the price paid in full (subject to any deduction the are entitled to make due to your use of or damage to the Product(s) as set out above), including the cost of standard delivery. However, you will not be refunded your cost of returning the Product(s) (but please note, we provide a prepaid return label should you wish to use it). If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
You shall receive a notification from our Customer Service team by e-mail informing you about the completion of your refund.
Our returns policy only applies to purchases made online on the Site. We are not able to accept returns of Products bought in a partner store.
We do not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

CLAUSE 8: LIABILITY IN RELATION TO THE SITE

Drunk Elephant hereby disclaims liability for any inconvenience or damage arising from the Client’s use of the Internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses and unavailability of the Site due to maintenance operations, technical failures, force majeure events or any other circumstance beyond Drunk Elephant’s control.

Drunk Elephant shall not be liable for non-material mistakes.

Drunk Elephant shall not be liable if the customer service is unavailable due to events beyond Drunk Elephant’s control, including in case of a technical failure, interruption of the telephone or internet networks, equipment failure etc.

We are responsible to you for foreseeable loss and damage caused by us. Loss or damage may be foreseeable if it is obvious that it will happen. 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; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products. We are not liable for business losses. We only supply the products for domestic and private use.

CLAUSE 9: CAPACITY

All Clients must be at least 16 years old and have the capacity to be bound by these T&Cs to place an order on the Site.

CLAUSE 10: CAPACITY

Drunk Elephant’s Privacy PolicyandCookie Policy forms part of these T&privacyCs. The Privacy Policy describes how Drunk Elephant processes the Client’s personal data it collects or which the Client provides when placing an order on the Site.

CLAUSE 11: FORCE MAJEURE

Drunk Elephant shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control.

CLAUSE 12: SEVERABILITY

Should one or more of the provisions of these T&Cs be considered invalid or be declared as such in application of a law or a regulation, or pursuant to a final ruling by a court or authority that has jurisdiction, the other provisions shall remain fully valid.

CLAUSE 13: LACK OF AN IMPLIED WAIVER

If either you or we do not enforce any part of these T&Cs, that party is not prevented from enforcing that part of these T&Cs at any other time.

CLAUSE 14: HEADINGS

In case of differences of interpretation between any of the titles of the clauses and any of the actual terms of these T&Cs, the titles shall be deemed to be null and void..

CLAUSE 15: MAKING CHANGES TO THESE T&CS

Drunk Elephant shall be entitled to modify these T&Cs at any point in time. Any new version of these T&Cs shall be announced in advance on the Site. The version that is published online on the Site shall always take precedence over all the other versions of these T&Cs. However, the applicable T&Cs are those accepted by the Client at the time of placing the order.

CLAUSE 16: INTEGRAL NATURE OF THIS AGREEMENT

These T&Cs and the order summary sent to the Client shall form a contractual whole comprising the entire agreement between the Parties.

CLAUSE 17: LANGUAGE

These T&Cs of the Site are hereby drawn up in English. The entire content of the Site is accessible in English only.

CLAUSE 18: APPLICABLE LAW – SETTLEMENT OF DISPUTES

These T&Cs shall be governed by English law. The Client agrees that any dispute between you and us regarding these T&Cs or any order will only be dealt with by the English courts