Terms of Use The information contained within this document relates to the Aesop USA's online store, trading under Aesop USA Inc. The Terms of Trade and Frequently Asked Questions relevant to our other regions can be found in the footer of our international web stores. These can be accessed by selecting 'Shop Online' in the main menu, and choosing your region from the list that appears below. Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.
Definitions and Application 1. In these Terms of Trade, "Aesop" means Aesop USA Inc. trading as Aesop, 'you' means the organisation or individual who is ordering product on the website, and the "Products" means the Aesop products which may be ordered on the website. 2. These Terms of Trade apply to any purchase of any Products by you from this website which are delivered in the United States or Canada.
Shipping costs and deliveries We aim to deliver “products” to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we can’t guarantee firm delivery dates or times. Delivery options are set out here, although such delivery estimate information is indicative only. Orders 1. To submit an order for Products (Order), you must: a. create an account with Aesop on this website by registering your details and creating an username and password; and b. complete and submit the online order through your Aesop account.
2. Aesop reserves the right to refuse any Order. In such case, Aesop will notify you as soon as reasonably practicable and refund to you any payment in full.
3. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Aesop reserves the right to take legal action against unauthorised and unofficial sale of goods.
Prices and Payment 1. All prices on the website are in US dollars and do not include applicable sales taxes. The total cost including any applicable taxes will be displayed during check-out, once you have selected your billing and shipping address. Prices are subject to change without notice.
2. The amount payable to Aesop for an Order (Order Amount) will be the total of the following amounts: a. the sum of the price of each Product ordered as indicated on the website at the time of submitting the Order (Product Subtotal); b. the cost of delivery determined in accordance with Delivery stated above, and c. the sum of any other fees which Aesop levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
3. You must pay the Order Amount by credit card at the time of submitting the Order. Aesop accepts Visa, Mastercard, or American Express.
Liability 1. Without limiting Aesop's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Aesop reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment: a. withhold supply and dispose of the Products requested in the Order, and/or b. refuse to deal further with you, and Aesop will not be liable to you for any loss or damage directly or indirectly resulting from any such action. 2. Subject to clauses 8.2 and 8.3 and to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.
3. Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Aesop for any loss or damage suffered by you as a result of Aesop breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.
No Warranty 1. Subject to the following clauses and to the fullest extent permitted by law, Aesop gives no warranty in respect of the Products.
2. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Aesop is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Aesop breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss.
3. You may also have express rights of action against Aesop under consumer protection legislation if Aesop supplied defective Products to you that cause you injury, loss or damage.
Refunds and Returns Only items purchased on the Aesop website can be returned to aesop.com for refund or exchange. Items purchased in a department store, specialty retailer or elsewhere must be returned to their original point of purchase. Should you make an error when ordering online, Aesop will gladly exchange your item for the item you intended to purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the shipping and additional postage charges. In the unfortunate event that you react to a product, you have the option of exchanging or refunding it. All items must be returned to Aesop Online 630 Sullivan Road Suite 200 Elizabeth, NJ 07201 The customer is responsible for the shipping costs incurred when sending the items back to Aesop. In the United States, the shipping charge of USD7.50 will be payable if the subsequent refund reduces the original order amount to below the free shipping threshold of USD100. Should an item be damaged while it is being shipped to you by us, Aesop will provide you with a full refund or exchange. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment. In all cases, original proof of purchase must be provided and products must be returned within 14 days of receipt for Aesop to process any refund or exchange. Please telephone (Toll-Free) 1 877 60 AESOP, or email to aesop.usonline@aesop.com in advance of your intentions to return or exchange a product, so that Aesop staff can assist you with a smooth transaction. Please retain your postal receipt from the shipping carrier until you are certain your parcel has been safely received by Aesop. We may need to see this if we fail to receive your package. We will do our best to process returns within 5-10 business days of receipt and a reimbursement will be issued in the original form of payment.
Force Majeure If Aesop is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Aesop will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
Sales Tax 1. Where Aesop makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include Sales Tax, Aesop will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any Salex Tax on the Taxable Supply.
Aesop Gift Cards An Aesop Gift Card entitles the owner to purchase products up to the nominated value at any Aesop Signature Store or from an Aesop online store within the country and currency in which the card was purchased. The value on the card can be used for purchases in whole or in part, and on multiple occasions at said Aesop Signature Stores and Aesop online store, and for Facial Appointments at selected Aesop spaces. It cannot be reloaded, exchanged, or redeemed for cash or another gift card. Gift cards are valid for 12 months from the date of purchase (not applicable in the United States of America, Canada, Germany and Switzerland). After the expiry date, the card will have a nil balance. To verify available funds at any time, please visit Aesop online at Check gift card balance. Each Aesop Gift Card is linked to a unique Gift Card Number and Pin to ensure its security and integrity, and allow for multiple transactions in store or online. Signature stores are listed at aesop.com/ustorelocator/location/map/.
Aesop Digital Gift Cards An Aesop Digital Gift Card entitles the owner to purchase products up to the nominated value at any Aesop Signature Store or from an Aesop online store within the country and currency in which the card was purchased. The value on the card can be used for purchases in whole or in part, and on multiple occasions at said Aesop Signature Stores and Aesop online store, and for Facial Appointments at selected Aesop spaces. It cannot be reloaded, exchanged or redeemed for cash, or transferred to another digital gift card or owner. Aesop Digital Gift Cards are valid for 12 months from the date of purchase (not applicable in the United States of America and Canada). After the expiry date, the card will have a nil balance. To verify available funds at any time, please visit Aesop online at Check gift card balance. Each Aesop Digital Gift Card is linked to a unique Gift Card Number and Pin to ensure its security and integrity, and allow for multiple transactions in store or online. Please note, Aesop Digital Gift Cards are currently only available to purchase within the United States, Canada, Australia, New Zealand, Switzerland and the United Kingdom.
General 1. If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).
2. Subject to clauses 8.2 and 8.3 and to the fullest extent permitted by law, these Terms of Trade together with the Order (as accepted by Aesop), the Legal Notice on the website and Aesop's Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.
3. Orders and these Terms of Trade will be governed by the law applying in the State of New York, United States, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New York State, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.