Termini generali d’uso

(“TERMS”)

PLEASE READ THESE TERMS CAREFULLY BEFORE USING COSMETMIN’S PLATFORM

  1. INTRODUCTION

You are reading these Terms because you are using COSMETMIN’s website, or one of our products or services (the “Products”), all of which are part of COSMETMIN’s platform (the “Platform”). You can access the Platform through a computer, a mobile phone, a console a tablet or other technology, with we refer to here as a device (the “Device”). Your carrier’s normal rates and fees apply to your Device.

BY USING THE PLATFORM, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS, THAT CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND COSMETMIN AND ITS AFFILIATES.

COSMETMIN reserves the right to change or modify any of the terms and conditions contained in these Terms from time to time at any time, without notice, and in its own discretion. If COSMETMIN decides to change these Terms, COSMETMIN will post a notice on the Platform and send you a notification. Any changes or modifications of these Terms will be effective upon posting the revisions on the Platform. Please read through any changes or modifications and if you don’t agree please stop using the Platform. YOUR CONTINUED USE OF THE PLATFORM AFTER WE NOTIFY YOU OF CHANGES AND MODIFICATIONS CONSTITUTES YOUT ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

By making any purchase with us, you also agree to the TERMS OF SALE you find on the Platform, being understood that additional terms may apply pursuant to local regulation.

Please read our PRIVACY POLICY you find on the Platform, that describes and regulate the collection and use of personal information on the Platform and applies to your use of the Platform, according to the applicable EU Regulation.

  1. GROUND RULES – REGISTRATION

YOU ARE ONLY ELIGIBLE TO USE THE PLATFORM IF YOU ARE OF LEGAL AGE IN YOUR COUNTRY. COSMETMIN shall assume no liability as to the confirmation of buyers or visitors’ legal capacity. As a result, if you are deprived of the legal capacity to order through the Platform, your parents or custodians shall assume responsibility of such purchase and mostly its payment.

When you register for an account with us (the “Account”), provide accurate and current registration information, keeping your registration personal. Keep your username, password and other login credentials secure and do not allow anyone else to use your Account. Inform COSMETMIN immediately of any unauthorized use of your Account. You are responsible for anything that happens through your Account, with or without your permission. COSMETMIN IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

  1. TRADEMARKS AND COPYRIGHT

The Platform and all page headers, custom graphics and button icons may not be used in connection with any product or service that is not offered by COSMETMIN, in any manner that is likely to cause confusion among customers.

In any case, all the trademarks, product names and company names or logos cited herein are the property of their respective owners. DON’T USE PLATFORM CONTENTS TO ADVERTISE PRODUCTS OR SERVICES WE DON’T SELL.

All of the content on this PLATFORM – including but not limited to software, denominations, designs, texts, graphics, logos, photos- is the sole property of COSMETMIN and is protected by copyright, trademark, patent and other laws.

  1. PRODUCTS INFORMATIONS

The Products displayed on the Platform can be ordered and delivered only within the EU (European Union), UK and Switzerland.

ALL MATERIAL AND INFORMATION PRESENTED BY COSMETMIN IS INTENDED TO BE USED FOR PERSONAL, EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY. The statements and Products sold through COSMETMIN are not intended to diagnose, treat, cure or prevent any condition or disease.

ALL PRODUCTS SHOULD BE USED STRICTLY IN ACCORDANCE WITH THEIR INSTRUCTIONS, PRECAUTIONS AND GUIDELINES. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Products is not meant to serve as a substitute for professional medical advice: the Platform is solely an online store for specialty beauty products. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. COSMETMIN DOES NOT GIVE OR INTEND TO GIVE ANY MEDICAL ADVICE, ANY ANSWERS TO MEDICAL RELATED QUESTIONS AND THE PRODUCTS DO NOT REPLACE ANY MEDICAL PROFESSIONAL OR MEDICAL RESOURCE. No prescription medications or medical treatments are provided on the Platform.

THE PRODUCTS AVAILABLE ON THE PLATFORM ARE FOR YOUR PERSONAL USE ONLY. You may not sell or resell any Products you purchase or otherwise receive from COSMETMIN. COSMETMIN reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as determined by COSMETMIN in its sole discretion.

  1. IMPORTANT DISCLAIMERS (WARRANTIES AND LIABILITIES)

Some jurisdictions do not permit certain limitations or exclusions on liabilities, and legal warranties, so these exclusions and limitations may not apply to you.

COSMETMIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE PLATFORM. To the fullest extent permitted by law, COSMETMIN disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, COSMETMIN does not represent or warrant that the information accessible via the Platform is accurate, complete or current.

COSMETMIN does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful. You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise. We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results. 

COSMETMIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, loss of or damage to property and claims of third parties.

  1. RESERVATION OF RIGHTS

COSMETMIN reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Platform and to block or prevent your future access to and use of the Platform and your Account. COSMETMIN may access, preserve and disclose your Account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of COSMETMIN (and its employees), its users and the public.

  1. INDEMNIFICATIONS

You agree to defend, indemnify and hold harmless COSMETMIN (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Platform; (b) your violation of any term of these Terms; (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right). This indemnification obligation will survive the termination of these Terms and your misuse of the Platform.

  1. FRAUD PROTECTION PROGRAM

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

  1. DATA PROTECTION

By submitting your email address in connection with your Account, you agree that COSMETMIN and its third-party service providers may use your email address to contact you about your Account or for other administrative purposes and for any other purpose permitted or required by law. COSMETMIN Privacy Policy provides further detail on the manner in which COSMETMIN may collect and use personally identifiable information about you, including any information you supply in connection with your use of the Platform.

  1. 10.WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and COSMETMIN’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

  1. 11.CHOICE OF LAW/JURISDICTION

You agree that the Platform, Terms of Sale, Terms of Use and any dispute between you and COSMETMIN shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Except where prohibited and without limitation to any of your statutory rights, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of COSMETMIN products) shall be resolved individually, without resort to any form of class action, and exclusively in the court of the place where you are resident or domiciled.

  1. 12.SEVERABILITY

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by COSMETMIN, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

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