1. INTRODUCTION 

This document outlines the terms and conditions governing the use of this Website (https://www.germainedecapuccini.com/uk_en) and the purchase of products through it (hereinafter, the “Terms”), regardless of the application, digital medium, platform or device used to access it. Please read these Terms, along with our Privacy and Cookie Policy (“Privacy Policy” and “Cookie Policy”), carefully before using this website. By using this Website or placing an order through it, you agree to be bound by these Terms and our Privacy and Cookie Policy. If you do not agree with all of these Terms and the Privacy and Cookie Policy, you should refrain from using this Website. 

If you have any questions regarding the Terms or the Privacy and Cookie Policy, please contact us through our provided communication channels. 

2. OUR DETAILS 

This website has been developed for GERMAINE DE CAPUCCINI, S.A.U. (Company Tax ID No [CIF] A-03050572, Commercial Registry of Alicante, Sheet A-2880 Volume 1218 Folio 207), with registered office at Carretera de Alicante, 86, 03801 Alcoy (Alicante). Tel.: (+34) 965547070 central@germainedecapuccini.com. It is operated by GDC BEAUTY GROUP UK Ltd., with registered office at Gladstone House, 77-79 High Street, Egham, Surrey, TW20 9HY

Company registration number: 02609439. VAT registration number GB 584 3218 32. Telephone 0044 1784 259988 customerserviceuk@gdcbeautygroup.com (hereinafter, GERMAINE DE CAPUCCINI)

3. USE OF THE WEBSITE

The use of this Website must comply with the provisions set out in these Terms of Use. By accessing the Website, any User browsing the Site acknowledges that they have read and unconditionally accepted these Terms of Use.

www.germainedecapuccini.com/uk_en The Website offers access to a broad range of information and services belonging to GERMAINE DE CAPUCCINI. The User assumes responsibility for their use of the Website, including any registrations required to access certain services or content. In these registrations, the User is responsible for providing accurate and lawful information. The User agrees to make appropriate use of the content and services that GERMAINE DE CAPUCCINI offers through its Website and, by way of example but not limitation, agrees not to use them for the following purposes: (I) engaging in unlawful, illegal or activities contrary to good faith and public order; (II) disseminating content or propaganda of a racist, xenophobic, pornographic-illegal nature, or that promotes terrorism or violates human rights; (III) causing damage to the physical and logical systems of GERMAINE DE CAPUCCINI, its suppliers or third parties, including introducing or spreading computer viruses or any other physical or logical systems capable of causing the aforementioned damage; (IV) attempting to access and, where applicable, use the email accounts of other users, as well as modifying or manipulating their messages. GERMAINE DE CAPUCCINI reserves the right to remove any comments or contributions that violate respect for human dignity, are discriminatory, xenophobic, racist, pornographic, threaten youth or childhood, public order or safety, or that, in its judgement, are not suitable for publication due to being unrelated to the website’s purpose. In any case, GERMAINE DE CAPUCCINI, as the administrator of its Website, will act diligently as soon as it becomes aware of any acts committed in violation of these Terms of Use or its Privacy Policy.

The materials provided on this Website should not, under any circumstances, be considered a substitute for professional cosmetic advice or any other professional guidance. Therefore, Users should not act based solely on the information provided here without first consulting the relevant professional or specialist.

4. PLACING ORDERS

 

4.1. SERVICE AVAILABILITY 

The items offered through this Website can only be shipped to the UK Mainland and Northern Ireland. We regret that we are currently unable to ship to other territories and apologise for any inconvenience this may cause.

4.2. PRICES

The sale price, listed in pounds, for the products offered on the GERMAINE DE CAPUCCINI Website will be the price in effect at the time the Buyer places the Order.

Prices will include the applicable Value Added Tax (VAT) as of the date of the Order. Any changes to the VAT rate will automatically be reflected in the price of the products sold by GERMAINE DE CAPUCCINI on its Website.

Prices may change, but (except as mentioned above) such changes will not affect orders for which an Order Confirmation has already been sent. 

The price does not include delivery costs, which will be added as a supplement to the price of the products for purchases under £60. Delivery costs will be clearly indicated before the Buyer completes the Order. 

4.3. PRODUCTS

The Buyer may select one or more products from the various categories available on the GERMAINE DE CAPUCCINI Website.

GERMAINE DE CAPUCCINI reserves the right to modify the range of products offered on the Website at any time, particularly due to supplier restrictions.

In accordance with applicable regulations, the Buyer will have the opportunity, prior to placing an Order, to review the essential characteristics of the products they wish to purchase on the GERMAINE DE CAPUCCINI Website.

The products will adhere to current legislation. GERMAINE DE CAPUCCINI accepts no responsibility if the product does not comply with the legislation of a country other than UK Mainland and Northern Ireland where the product is to be delivered (e.g., if the product is prohibited, etc.). It is the Buyer’s responsibility to verify with local authorities in countries outside of UK Mainland and Northern Ireland the applicable limits for the import and use of the products and services they wish to purchase.

For any queries related to the products and their use, or for additional questions or requests for advice, the Buyer may contact the team through the CONTACT FORM page.

4.4. PRODUCT AVAILABILITY

The products displayed on the Website will be available as long as they remain listed with the “add to basket” option active and, in any case, while supplies last.

The validity of the offers presented by GERMAINE DE CAPUCCINI is subject to product availability.

In the event of product unavailability:

- The Buyer’s order will be automatically cancelled, and no charges will be made to their bank account.

- Customer Service will contact the Buyer to inform them of the cancellation of their Order and offer the possibility to renew the Order, excluding the unavailable product.

4.5. PLACING AN ORDER

The Buyer may place an order through the website: www.germainedecapuccini.com/uk_en. Once the Buyer confirms their order by clicking on the “Complete purchase” icon (hereinafter, “the Order”), it will be considered that they have knowingly accepted the content and conditions of the Order and, in particular, these Terms at the moment they click on the “Pay” icon. This action constitutes a binding payment obligation. 

GERMAINE DE CAPUCCINI assumes no responsibility for errors in entering the email address or if the Order confirmation email is not received. In such cases, the sale will be considered final, except in the event of Order cancellation by GERMAINE DE CAPUCCINI, particularly in cases of product unavailability. 

4.6. PAYMENT METHODS

Once you have selected all the items you wish to purchase, they will be added to your basket, and the next step will be to process the order and make the payment. To do this, you must follow the steps in the purchase process, filling in or verifying the information requested at each stage. Additionally, during the purchase process, before completing the payment, you can modify your order details. If you are a registered User, you will also have a record of all orders placed in the “My Account” section. 

You may use the following payment methods: Visa, Mastercard, American Express, PayPal, Apple Pay, Android Pay, Samsung Pay, Maestro, Klarna, Clearpay, Laybuy (subject to the availability and functionality of each bank and its app). 

By clicking on “Authorise Payment”, you confirm that the credit card is yours or that you are the legitimate holder of the gift card or store credit. 

GERMAINE DE CAPUCCINI is authorised to charge the full price of the Order.

If payments are made using gift cards, purchase vouchers and/or online coupons, these should be entered on the following page: https://www.germainedecapuccini.com/uk_en/checkout/cart/. 

To minimise the risk of unauthorised access, your credit card information will be encrypted. Credit cards are subject to checks and authorisations by the issuing entity. If the payment is not authorised, we will not be responsible for any delay or non-delivery, and we will not be able to formalise any contract with you. 

4.7. DELIVERY 

Unless otherwise agreed, we will dispatch your order no later than 7 calendar days from the date of the Order Confirmation, except in cases of external factors beyond the direct control of GERMAINE DE CAPUCCINI. The products are shipped directly from GERMAINE DE CAPUCCINI’s stock.

If, for any reason, we are unable to meet the delivery date, we will notify you and offer the option to proceed with the purchase with a new delivery date or cancel the order with a full refund of the amount paid. Please note that we do not make deliveries on Saturdays or Sundays.

For the purposes of these Terms, “delivery” or the order being “delivered” will be considered to have occurred when you or a third party indicated by you takes physical possession of the products, as confirmed by the signature of receipt at the agreed delivery address. 

4.8. INABILITY TO DELIVER 

If we are unable to deliver your order, we will attempt to leave it in a safe place. If a safe place cannot be found, your order will be returned to our warehouse. We will also leave a note explaining where your order is and how to arrange for it to be resent. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day. 

If the order has not been delivered due to reasons beyond our control, we will contact you. If, after thirty (30) days from when the item was made available to you, it has not been collected or you have refused to receive it, we will refund the amount paid. For more information, you can reach out to us through our Customer Service channels.  

4.9. TRANSFER OF RISK AND OWNERSHIP 

The risk of the products transfers to the Buyer upon delivery. 

The buyer will acquire ownership of the products once we have received full payment of all amounts due, including delivery costs, or at the moment of delivery, if that occurs later. 

4.10. GUEST CHECKOUT 

This Website also allows purchases to be made using the guest checkout option. In this mode, only the essential information required to process your order will be requested. 

Upon completing the purchase, you will be given the option to register as a User or continue as an unregistered User. 

4.11. RETURN POLICY 

 

Legal right to withdraw from the purchase 

If you are purchasing as a consumer and User, you have the right to withdraw from this contract within 14 calendar days without needing to provide any justification. 

The withdrawal period will expire 14 calendar days from the day you, or a third party indicated by you, other than the carrier, took physical possession of the goods, or, in the case of goods delivered separately as part of your order, 14 calendar days from the day you, or a third party indicated by you, other than the carrier, took physical possession of the last of those goods. 

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by sending an unequivocal statement to GDC Beauty Group UK Ltd, Gladstone House, 77-79 High Street, Egham, Surrey, TW20 9HY, or via email at customerserviceuk@gdcbeautygroup.com. To meet the withdrawal deadline, it is sufficient to send your communication regarding the exercise of this right before the withdrawal period has expired.

 

 Consequences of withdrawal 

In the event of your withdrawal, we will refund all payments received from you, including delivery charges to the initial delivery address, without undue delay and, in any case, no later than 14 calendar days from the date you inform us of your decision to withdraw from this contract. The refund will be processed using the same payment method you used for the initial transaction. You will not incur any fees as a result of the refund. However, we may withhold the refund until we have received the products or until you have provided proof of their return, whichever occurs first. 

You must request the return through the aforementioned channels, and we will send a courier within a maximum of 7 calendar days from the date you communicate your decision to withdraw.

If you choose to return the products on your own, you will be responsible for the direct cost of returning the items. The return must be completed within 14 days from when you informed us of your withdrawal, and we cannot assume responsibility for the return package if the issue is not attributable to GERMAINE DE CAPUCCINI.

The returned products must not have been opened or tampered with.

After examining the item, we will inform you if you are entitled to a refund of the amounts paid. Transport costs will only be refunded if the right of withdrawal is exercised within the legal period and all items in the order are returned. The refund will be processed as soon as possible and, in any case, within 14 days from the date you informed us of your intention to withdraw. 

If we receive an item outside the stipulated period, in poor condition, with incorrect content (e.g., items that are not from Germaine de Capuccini), or that otherwise does not meet the conditions for withdrawal, you will not be entitled to a refund. We will contact you, and if, after two (2) months from when the item is made available to you, it has not been collected or you have refused to receive it, we will not be responsible for it, and it will be considered abandoned.  

We will be authorised to charge you the corresponding costs if it is not possible to manage the return of the package to you. 

Your rights and remedies as recognised by current legislation remain unaffected. 

Returns of defective products 

If you believe that a product does not conform to the contract at the time of delivery, please contact us immediately through the contact channels provided earlier, providing details of the product and the damage it has sustained. 

Once notified, we will arrange for a courier service to collect the defective product. If you choose to organise the return shipping yourself, without our service, we cannot assume responsibility for the return package if the issue is not attributable to GERMAINE DE CAPUCCINI.

After receiving the product, we will carefully examine the returned item and notify you via email within a reasonable timeframe whether a refund or replacement is appropriate. The refund or replacement of the item will be processed as soon as possible and, in any case, within 14 days from the date we send you an email confirming that the refund or replacement of the non-conforming item is warranted. 

Any amounts paid for products returned due to a genuine fault or defect will be fully refunded, including the delivery costs incurred for sending the item to you and any costs you may have incurred in returning it to us. The refund will be processed using the same payment method that was used for the purchase.

Your rights as recognised by current legislation remain unaffected. 

4.12. WARRANTIES 

If you are contracting as a consumer and User, you are entitled to corrective measures, free of charge, in the event of any non-conformity of the goods. We offer warranties on the products we sell through this Website, in accordance with the legally established terms for each type of product, covering any lack of conformity that becomes apparent within three years from the delivery of the product. 

Products are considered to conform to the contract if they (i) match the description provided by us and possess the qualities we have presented on this Website, (ii) are fit for the purposes for which goods of the same type are ordinarily used and (iii) exhibit the quality and performance reasonably expected of a product of the same type. If any of the products do not conform to the contract, you must inform us by following the procedure detailed in section 4.11 and using any of the communication methods provided for this purpose. 

Our commercial warranty does not affect the rights you have under applicable law. 

4.13. LIABILITY AND DISCLAIMER 

Unless expressly stated otherwise in these Terms, our liability regarding any product purchased through our Website is strictly limited to the purchase price of that product. 

However, unless otherwise provided by law, we will not accept liability for the following losses, regardless of their origin: 

loss of income or sales; 

loss of business; 

loss of profits or contracts; 

loss of anticipated savings; 

loss of data; and 

loss of management time or office hours. 

Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted or obtained through this Website unless expressly stated otherwise. 

GERMAINE DE CAPUCCINI makes every effort to ensure the accessibility of the Website, although we are under no obligation to do so. Access to the Website may be interrupted for maintenance and updates, as well as for other reasons, particularly technical ones. GERMAINE DE CAPUCCINI is not responsible for such interruptions or their consequences for the User, although we will endeavour to minimise any inconvenience caused by these operations.

GERMAINE DE CAPUCCINI is not liable for any potential damage of any kind caused by computer viruses, hacking or other harmful elements, as we cannot fully guarantee the absence of viruses or other such elements on the Website.

5. INDUSTRIAL AND INTELLECTUAL PROPERTY 

The entire content of this Website (including logos, images, sounds, photographs, videos, colour schemes, etc.) is protected by intellectual and/or industrial property rights owned by GERMAINE DE CAPUCCINI or its licensors, which must always be respected by all Users.

The reproduction, transformation, storage, distribution, public communication or any other form of exploitation of all or part of the content on this Website by any means is expressly prohibited. Such acts of exploitation may only be carried out with the express written authorisation of GERMAINE DE CAPUCCINI, and if granted, reference must always be made to GERMAINE DE CAPUCCINI’s ownership of the relevant intellectual or industrial property rights.

6. VIRUSES, HACKING AND OTHER CYBER ATTACKS 

Users must not misuse this Website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging software or material. You must not attempt to gain unauthorised access to this Website, the server on which it is hosted, or any server, computer or database connected to our Website. Users agree not to attack this Website through a denial-of-service attack or a distributed denial-of-service attack. 

Failure to comply with this clause may result in the commission of offences under applicable law. We will report any such breach to the relevant authorities and cooperate with them to identify the attacker. Furthermore, in the event of a breach of this clause, your authorisation to use this Website will immediately be revoked. 

We will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging software or material that may affect your computer, IT equipment, data or materials as a result of using this Website or downloading content from it or from any sites to which it redirects. 

7. LINKS FROM OUR WEBSITE 

Websites linked from our site are not under the control of GERMAINE DE CAPUCCINI. GERMAINE DE CAPUCCINI is not responsible for the content of any linked site, any link contained within a linked site or any changes or updates to such Websites. GERMAINE DE CAPUCCINI provides these links for Users’ convenience only, and the inclusion of any link does not imply endorsement of the Website by GERMAINE DE CAPUCCINI. 

8. COMMUNICATIONS IN WRITING 

Applicable regulations require that some of the information or communications we send to you be in writing. By using this Website, you agree that most of these communications with us will be electronic. We will contact you by email or social media, and the processing of User data will be in accordance with this Website’s Privacy Policy.

We will provide information by posting notices on this Website. For contractual purposes, you consent to using this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we provide to you electronically comply with the legal requirement to be in writing. This condition does not affect your statutory rights. 

9. NOTIFICATIONS 

Notifications you send to us must be made through the channels indicated on the Website. In accordance with our Privacy Policy, and unless otherwise stipulated, we may send communications to you either by email or to the postal address you provided when placing an order. 

It will be understood that notifications have been received and properly made as soon as they are posted on our Website, 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that a notification has been made, it will be sufficient to show, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or a postbox; and, in the case of an email, that it was sent to the recipient’s specified email address. 

10. ASSIGNMENT OF RIGHTS AND OBLIGATIONS 

This contract is binding on both the User and us, as well as our respective successors, assignees and transferees. The User may not transfer, assign, charge or otherwise dispose of a contract or any of the rights or obligations arising from it without our prior written consent. 

We may transfer, assign, charge, subcontract or otherwise dispose of a contract or any of the rights or obligations arising from it at any time during its term. For the avoidance of doubt, such transfers, assignments, charges or other dispositions will not affect the rights the User, as a consumer, may have under the law, nor will they cancel, reduce or limit in any way the warranties, whether express or implied, that we may have granted. 

11. EVENTS BEYOND OUR CONTROL 

We will not be liable for any failure or delay in fulfilling any of our obligations if such failure or delay is caused by events beyond our reasonable control (“Force Majeure”). 

Force Majeure includes any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including but not limited to: 

Strikes, lockouts or other industrial action. 

Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or the threat or preparation for war. 

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. 

Impossibility of using trains, ships, aircraft, motor transport or other means of public or private transport. 

Impossibility of using public or private telecommunications systems. 

Acts, decrees, legislation, regulations or restrictions of any government or public authority. It is understood that our obligations will be suspended for the duration of the Force Majeure event, and we will be granted an extension of time to fulfil those obligations equal to the duration of the Force Majeure. We will use all reasonable means to bring the Force Majeure event to an end or to find a solution that allows us to fulfil our obligations despite the Force Majeure. 

12. WAIVER 

Our failure to enforce strict performance of any of your obligations under a contract or these Terms, or our failure to exercise any rights or actions to which we are entitled under that contract or these Terms, shall not constitute a waiver of such rights or actions, nor shall it relieve the User from complying with such obligations. 

No waiver by us of any specific right or action shall constitute a waiver of any other rights or actions arising from a contract or these Terms. No waiver by us of any of these Terms or of the rights or actions arising from a contract shall be effective unless it is expressly stated as a waiver and is communicated to you in writing in accordance with the Notifications section above. 

13. SEVERABILITY 

If any of these Terms or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in full force and effect, unaffected by such a declaration of nullity. 

14. ENTIRE AGREEMENT 

These Terms and any documents expressly referred to herein constitute the entire agreement between the User and GERMAINE DE CAPUCCINI regarding the subject matter and supersede any prior agreements, understandings or promises made between the User and us, whether oral or written. 

The User and GERMAINE DE CAPUCCINI acknowledge that they have entered into a contract without relying on any statement or promise made by the other party or that could be inferred from any statement or writing during negotiations prior to the contract, except as expressly mentioned in these Terms. 

Neither you nor we shall have any action against any uncertain statement made by the other party, orally or in writing, prior to the date of a contract (unless such a statement was made fraudulently), and the only action available shall be for breach of contract in accordance with the provisions of these Terms. 

15. OUR RIGHT TO MODIFY THESE TERMS 

GERMAINE DE CAPUCCINI reserves the right to modify the Terms and Conditions of Use and Purchase of this website. The changes made will not be retroactive. 

If you do not agree with the changes, we recommend that you do not use our Website. 

16. APPLICABLE LAW AND JURISDICTION 

The law applicable to this contract shall be UK law. For any disputes that may arise in connection with this contract, the parties expressly submit to the courts and tribunals of the registered office of GERMAINE DE CAPUCCINI, waiving their own jurisdiction.

GERMAINE DE CAPUCCINI will pursue any breach of these Terms, as well as any improper use of its Website, by exercising all legal actions to which it may be entitled under the law.