Terms & Conditions | Terms of Use

Welcome to the Clarins Singapore website at www.clarins.com (the "Site"). Clarins  Pte Ltd (“we”, “us or “our”) provides the services available on the Site.  

1. Your agreement and acceptance

1.1 By entering, using and/or visiting this Site and our other websites (collectively, including all content available on or through our websites, to be collectively referred to as the "Website"), you agree to these terms and conditions (as may be amended or revised from time to time) (the "Terms of Use”), and to the Privacy Policy, and any other terms and conditions incorporated hereunder (this “Agreement”).

1.2 You warrant and attest that you are at least eighteen (18) years of age. By using our Website, you are confirming that you meet the minimum age requirement and are fully able and competent to enter into and be bound by this Agreement. You further agree that you fully understand the contents, meaning and impact of this Agreement and warrant and represent that you are fully able and competent to enter into and be bound by this Agreement. 

1.3 The Website is controlled and offered by us from our facilities in the Republic of Singapore. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws. 

1.4 You are only authorised to use the Website if you agree to abide by this Agreement. Please read these Terms of Use carefully as your entry, access and use of the Website is governed by these Terms of Use and by entering, accessing and using the Website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms of Use, you must immediately leave the Website and discontinue using it and any of the services provided therein. 

1.5 In order to participate in certain activities or services offered on the Website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.

1.6 These Terms of Use and any other terms and conditions of this Agreement may be amended or revised from time to time at any time without notice, and such amendment or revision shall be effective and binding upon posting onto the Website. It is therefore important that you review the Terms of Use regularly to ensure you are updated as to any changes. Your continued use of the Website signifies your agreement to and acceptance of any revised terms and conditions. 

1.7 Please review our Privacy Policy so that you may understand our privacy practices. The Privacy Policy forms a part of these Terms of Use and also governs your visit to this Website.

1.8. You agree that the laws of the Republic of Singapore will govern your use of the Websites. 

2. Samples

2.1 Samples are subject to availability and will only be prescribed after consultation through our authorised counters in the Republic of Singapore. You may refer to our store locator here. Any samples we provide for you to test are for your personal use only.

3. Promotional offers

3.1. All promotional offers available from time to time on the Website are limited to the Republic of Singapore and are subject to stock availability and such additional terms and conditions as may be stated, including the offer time period stated. All such promotional offers are not valid with other promotions. 

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4. Intellectual property

4.1 All content and technology available on or underlying the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, audio visual content, data compilations, scripts, photograph, interactive features and software (the "Content"), and the intellectual property rights in and to such Content, is owned by or licensed to us, and is protected by and subject to copyright and other intellectual property rights laws, international conventions and treaties around the world. Except as set forth in the limited licence in Clause 5 below, neither the Website, nor any portion of the Website or any Content may be used, reproduced, duplicated, copied, sold or otherwise exploited for any purpose without our prior written consent. All such rights are reserved.

4.2 The trade dress of the Website, trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are registered and unregistered marks owned by us or our licensors. Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Trademarks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Trademarks.

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5. Limited License

5.1 We grant you a limited, revocable and non-exclusive license to access and make personal use of this Website. You may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent. The limited license set forth in this Clause 5 does not include the right to:

5.1.1 modify or download the Website or its Content (except caching); 

5.1.2 make any use of the Website or its Content other than for personal non-commercial use; 

5.1.3 create any derivative work based upon either the Website or its Content; 

5.1.4 sell, copy, reproduce, distribute, transmit, broadcast, alter, modify or adapt any part of the Website or the Content in any medium or format without our prior written consent,

5.1.5 use any meta tags or any other “hidden text” utilising our name or the Trademarks without our express written consent; or 

5.1.6 use web robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

5.2 Any unauthorised use by you of this Website terminates the limited license set forth in this Clause 5. 

5.3 Upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Content from your premises, computer system or other forms of storage (whether physical or electronic) and databases. 

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6. Linking to and from our Websites

6.1 You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

6.2 We are not responsible for the content of any off-Site pages or any other sites linked to the Websites. Links appearing on this Website are not an endorsement by us of the referenced content, product, service, or supplier. You acknowledge and agree that your linking to or from any other off-Site pages or other sites is at your own risk. We are not in any way responsible for examining or evaluating the offerings of off-Site pages or any other sites linked to the Websites, and we provide no warranties in relation thereto nor assume any responsibility or liability for the actions, products, or content of such pages and sites, including, but not limited to, their privacy statements and conditions of use. You should carefully review the conditions of use of all off-Site pages and sites that you choose to visit. We shall not be responsible or liable for any loss or damages of any sort caused or alleged to be caused or incurred as a result of dealings with, or the presence of, or any reliance on, off-Site links 

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7. Limitation of our liability and disclaimer 

8. Indemnification

8.1 To the fullest extent permitted by law, you agree to defend and indemnify us and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from: 

(a) your use of and access to our Websites; 

(b) your violation of any of these Terms of Use; or

(c) your violation of any third party right, including without limitation any intellectual property, property, or privacy right.

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9. Viruses, Hacking and Other Offences

9.1 You must not misuse our Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Websites, the server on which our Websites are stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act of Singapore (Chapter 50A). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Websites will cease immediately.

9.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or to your downloading of any material posted on it, or on any websites linked to it.

9.3 You further agree that you will not: 

(a) submit any material that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party or that you do not have a right to make available under any law or under contractual and/or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships), that is protected by obligations of confidentiality or non-disclosure;

(b) submit any material that: is illegal; unlawful; encourages conduct that would be considered a criminal offence, or give rise to civil liability; violates any law; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; promotes an illegal or unauthorised copy of another person’s copyrighted work; involves unsolicited or unauthorised advertising or the transmission of promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, unsolicited mass mailing or instant messaging; contains restricted or password only access pages or hidden pages or images; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; involves commercial and promotional activities and/or sales without our prior written consent; includes a photograph of another person you have posted without that person’s consent; or is otherwise inappropriate, objectionable or unacceptable; 

(c) publish falsehoods or misrepresentations that could damage us or any third party or post false and/or defamatory messages;

(d) impersonate any person or entity, falsely state or otherwise represent your affiliation with a person or entity;

(e) submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(f) interfere with or disrupt the Websitse or servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; or

(g) deface, modify, edit, distribute or reproduce any Content on the Websites.

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10. Written Communications

11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Websites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Websites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

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11. Notices

11.1 The operator of this Website and supplier of the Products is Clarins Pte Ltd, a company registered in the Republic of Singapore under company number 199201393W. Our main trading address is 302 Orchard Road #05-01 Tong Building Singapore 238862. 

11.2 All notices given by you to us must be given to Clarins Pte Ltd at info@clarins.com.sg

(c) publish falsehoods or misrepresentations that could damage us or any third party or post false and/or defamatory messages;

(d) impersonate any person or entity, falsely state or otherwise represent your  affiliation with a person or entity;

(e) submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

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12. Events Outside Our Control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any circumstances not foreseeable at the date of this Agreement and not within our reasonable control including, without limitation, strikes, lockouts, shortages of labour or raw materials, civil commotion, riot, invasion, war, threat of or preparation for war, terrorist attack, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster. Our obligation to perform any obligation is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.

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13. General

13.1 You acknowledge and agree that these Terms of Use together with our Privacy Policy constitute the entire agreement between you and us in relation to the subject matter of this Agreement and your use of the Websites, and supersede any prior proposals, agreements, or understandings between you and us, whether oral or in writing.

13.2 You shall not have any remedy in respect of any untrue statement made by us, whether orally or in writing, prior to the date of this Agreement (unless such untrue statement was made fraudulently) and your only remedy shall be for breach of contract as provided in these Terms of Use.

13.3 Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. 

13.4 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 

13.5 Each provision of these Terms of Use shall be construed as separately applying and in the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render any remaining term or conditions unenforceable or invalid. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted or amended, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. 

13.6 The headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

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14. Dispute Resolution

14.1. In the In the event any disputes, controversies or differences arise out of or in connection with these Terms of Use, the parties agree to use their best efforts to resolve such disputes, controversies or differences amicably and in good faith, within thirty (30) days after receipt by one party of the other party’s request to do so, or within such period as parties may, by written agreement, stipulate.

All disputes, controversies or differences arising out of or in connection with these Terms of Use which cannot be resolved amicably between the parties shall first be submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedure for the time being in force. The parties agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached. 

In the event any disputes, controversies or differences arising out of or in connection with these Terms of Use cannot be resolved amicably between parties or by mediation, such disputes, controversies or differences shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of arbitrator(s). The language of the arbitration shall be English. 

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