GENERAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE (GCS)
- Definitions
‘Account’: the Account created by the Customer when registering on the Website.
‘Online vouchers’: they are a credit, which could be issued by Red Keep and usable by the Client or by the different beneficiary, for purchases solely on the Website. Online Vouchers are valid for a maximum of one year starting from the date of issue.
‘Gift Cards’: is a card, even a virtual one, which could be made available on the Website, issued by Red Keep, prepaid by the Customer, by which this latter (or a beneficiary) will be entitled purchase the Products on the Website, by using the credit included within the Gift Card. Gift Cards are valid for a maximum of one year from the date of issue.
‘GCS’: these general conditions of sale.
‘General Terms of Use’: they are the general conditions of use of the Website explained at the following link (https://international.cliomakeupshop.com/pages/general-terms-use).
‘Customer’: any natural and/or legal person who purchases the Products through the Website.
‘Consumer Code’: Legislative Decree 6 September 2005, n. 206 and any subsequent amendments and additions.
‘Order Confirmation e-mail’: it has the meaning indicated in art. 5 of these GCS.
‘Shipping address’: the address indicated by the Customer on the Order for the delivery of the Products.
‘Privacy Policy’: the document at the following link (https://international.cliomakeupshop.com/pages/privacy-policy).
‘Order’: the purchase order related to the Products made by the Customer on the Website.
‘Party’ or ‘Parties’: Red Keep and/or the Customer.
‘Product’: any product sold by Red Keep through the Website.
‘Red Keep’ or ‘Seller’: the Italian company Red Keep S.r.l., with registered office in Milan, via Timavo, 34, 20124, tax code and VAT number 09551070965 - R.E.A. Milan 2098389.
‘Customer Service’: Red Keep customer service that can be contacted at the addresses indicated in the following art. 4.
‘Website’: the website: www.cliomakeupshop.com also in mobile version and app (where available).
‘Terms and Conditions’: the GCS, the General Terms of Use, the Privacy Policy and any other rule and/or document on the Website.
‘Territory’: France, Switzerland, Germany, Spain, Netherland and Ireland.
- Subject
The purpose of these GCS is to inform every potential customer of the conditions and methods on which Red Keep sells and deliver the Products and define the contractual rights and obligations of the Parties in relation to the sale of the Products and provision of any services offered on the Website from Red Keep. The GCS apply, without limitation or condition, to all sales of the Products and services offered by Red Keep on their Website.
The sending of an Order by the Customer implies the total and unconditional acceptance of these GCS, as well as all the Website Terms and Conditions.
Red Keep reserves the right to modify the GCS at any time and without notice. It remains the Customer's responsibility to periodically check the GCS to verify if any changes have occurred. In any case, it is understood that the GCS applicable to the Order are the GCS in the version accepted by the Customer when the Order is sent.
The GCS form an integral part of the Website Terms and Conditions.
The Customer declares to have full capacity to act and enter into a purchase contract for the Products and/or services on the Website based on these GCS. Red Keep cannot under any circumstances be required to verify the capacity to act of visitors and Customers of the Website. In the event that a Customer who does not have the necessary capacity to act (for example a child) places an Order, without prejudice to the responsibility of the own parents or legal guardians for such Order and the related payment, Red Keep may refuse to accept and/or process the Order.
The Customer declares and guarantees that the purchase of Products on the Website is intended for strictly personal use, with the exclusion of any commercial activity and/or for any other use.
These GCS must be carefully examined by the Customer before completing the procedure for purchasing the Products and/or services through the Website. These GCS may be printed and stored by any person who has visited the Website.
- Information about the Seller
Company name: Red Keep S.r.l.
Registered office: via Timavo, 34
Postcode: 20124
City: Milan
Country: Italy
VAT: 09551070965
Companies' Register number: R.E.A. Milano 2098389
E-mail: shop@cliomakeup.com
- Product Specifications
The Customer can select one or more Products among the different categories available on the Website.
Red Keep can change at any time the assortment of Products offered for sale on its Website and/or the information relating to them such as prices, descriptions or availability, without any prior notice.
Before sending the Order, the Customer can view on the Website all the information referred to in Article 49 of the Consumer Code, including, but not limited to, information relating to the Seller, the price, including taxes and shipping costs, to the essential specifications of the Products or services offered and all other mandatory information required by Italian law.
The Products comply with the legislation applicable in Italy in force at the time of the Order. The Products purchased by the Customer can be delivered only within the Territory. Red Keep cannot be held responsible for the non-conformity of the Products according to the legislation of the different Country in which the Customer wishes to use the Products.
For any questions regarding the Products and their use, for any further doubts or requests for clarification, the Customer can contact Customer Service by sending an e-mail to the following address: shop@cliomakeup.com.
- Products Availability
The offers presented by Red Keep are valid for as long as they are published on the Website and within the limits of available stocks. For Products that are not immediately available in Red Keep warehouses, offers published on the Website will be subject to availability. The information on the availability of the Products will be provided to the Customer in the Order confirmation e-mail (hereinafter referred to as "Order Confirmation E-mail").
Even after sending the Order Confirmation E-mail, there may be cases of partial or total unavailability of the Products. In this eventuality, the Customer will be promptly informed via e-mail of the unavailability of the Product and the total or partial cancellation of the Order and he/she may decide whether:
- to accept the delivery of only available Products, obtaining a refund for those unavailable, or
- to request the cancellation of the Order, with consequent repayment of any amounts already paid, by sending an e-mail to the following address: shop@cliomakeup.com.
- Ordering Products
Each Order sent by the Customer, in addition to the acceptance of these GCS, also includes the acceptance of the Privacy Policy and, in general, of the Terms and Conditions and it constitutes an offer to purchase the Products indicated in the Order.
All Orders are subject to acceptance by Red Keep, who reserves the right, at its sole discretion, to refuse the Order without providing any reasons, including cases where:
- Orders cannot be executed due to an error in the information and data provided by the Customer at the time the Order is sent, merely by way of example and not exhaustive: the payment card number, expiration date or security code number of the card used for payment is incorrect; incorrect billing address (for example, if the billing address indicated does not correspond to the information held by the bank that issued the card); incorrect shipping address (for example, wrong address, city, country or postcode); or in case misleading information is provided by the Customer;
- an error has occurred on the Website relating to the Products ordered (by way of example but not limited to, an error relating to the price or the description of the Products as shown on the Website);
- the ordered Products are no longer available on the Website and/or in the warehouse.
Red Keep also reserves the right to suspend or cancel the fulfilment of an Order and/or delivery, regardless of the nature and progress of the Order, in case of non-payment or partial payment of any sum due by the Customer, in the event of problems with payment, or in the event of fraud or attempted fraud concerning the use of the Website, also with reference to previous Orders.
In case of refusal of the Order, Red Keep will notify the Customer, within 30 working days from the date of the Order, about the impossibility to accept the Order. The customer can check the details of his order and correct any errors before the order is confirmed/sent.
Once the Customer has confirmed the Order, the Customer declares to have knowingly accepted the content and conditions of the Order in question and, in particular, these GCS, prices, volumes, features, quantities and delivery times of the Products offered for sale and ordered by the Customer.
After sending the Order, the Customer cannot cancel it, however it is advisable to contact the Customer Service for a possible resolution of problems relating to the Order. In any case, the Customer has the possibility of using the right of withdrawal, as provided under the following art. 11.
The sale will be completed only upon acceptance of the Order by Red Keep, by sending the Order Confirmation E-mail to the Customer.
A second e-mail will be sent to the Customer when the Products covered by the Order are shipped.
Red Keep will have the right to collect the entire price of the Order from the moment the Order Confirmation E-mail is sent.
Red Keep recommends that the Customer should keep the e-mails received from Red Keep, whether on paper or electronically. The Customer, with the order processing, accepts that the aforementioned e-mails will be sent to the e-mail address entered by the Customer at the time of purchase and/or registration of his Account. Red Keep will not be responsible in case of insertion of invalid e-mail address and/or failure to receive the Order Confirmation E-mail for reasons not directly attributable to Red Keep. In this case, the sale will be considered completed. The Customer may, however, exercise the right of withdrawal under the conditions set out in Article 11 of these GCS.
Once the Order Confirmation E-Mail has been received, the orders will be processed by Red Keep. Please note that Orders received on Saturdays and Sundays and holidays are not processed on the day of receipt of the Order.
- Prices of the Products
The prices of the Products offered for sale on the Website are in Euro. Other currencies may be displayed on the Website only for description purposes but the transaction will be charged in Euro, unless otherwise expressly specified on the Website. Red Keep may change the sales prices of the Products at any time and without notice and without the need for motivation and specification. This change will be reported to the Customer before any Order is sent.
Product prices are inclusive of VAT applicable at the time the Order is sent. Any changes to the applicable VAT rate will be automatically reflected on the price of the Products sold by Red Keep through the Website.
The prices of the Products do not include the shipping costs which, since they cannot be calculated in advance, will be displayed in the Order summary before confirming the Order. Shipping costs can be changed at any time by Red Keep, but the changes will not be applied to orders already sent and accepted by Red Keep. Red Keep invites the Customer to regularly consult the GCS.
The costs and times related to the different delivery methods can be consulted at the following link (https://cliomakeupshop.com/pages/informazioni-sulle-spedizioni)
- Payments
The Customer guarantees Red Keep to have the necessary authorizations to use the payment method chosen for his Order when the Order is sent. All Orders are payable in Euros, taxes and mandatory contributions included. Any bank charges shall be borne by the Customer, even in the event of a refund.
In case of non-payment or late payment of the Order by the Customer, Red Keep reserves the right to apply default interest equal to the legal interest rate starting from the tenth working day following the date of the Order or notification of the rejection of bank payment.
The accepted payment methods are:
- Credit cards: The credit cards accepted on the Website are the following: Visa, MasterCard. Credit card payments are handled through Stripe payment gateway;
- PayPal: If the Customer owns a PayPal account, he/she can choose this payment method. In this case, the Customer will be redirected to the PayPal website to proceed with the payment;
- Online Vouchers, when applicable;
- Gift Cards, when applicable.
In any case, Red Keep reserves the right to suspend or cancel, at their discretion and at any time, the execution of an Order and/or the shipment of the Products ordered in the event of non-payment or partial payment, in case of late payment or in case of fraud or attempted fraud through the use of Red Keep Website, also in relation to previous Orders.
Red Keep also reserves the right to request a photocopy of the Customer's identity card for any payment made by credit card, as well as any other information relating to the identity of the Customer necessary for the identification of the same in order to guarantee security and correctness of transactions made through the Website.
As part of the fight against Internet fraud, information regarding the Customer's Order may be transmitted to third parties authorized by law or designated by Red Keep for the sole purpose of verifying the identity of the Customer, the validity of the Order, the payment method used and the place of delivery.
- Delivery of the Products
The Products ordered by the Customer based on these GCS will be delivered to the address indicated by the Customer as a Shipping Address within the Order.
Red Keep ships exclusively within the Territory, using DHL shipping services. A DHL company driver will deliver the parcel to the Shipping Address and will require Customer to sign an electronic receipt. This receipt will constitute proof of delivery by the carrier and of receipt by the Customer, or the recipient of the Order, of the Products.
Deliveries are made on working days (Monday to Friday). DHL does not deliver on national holidays.
In case of absence, the Customer, or the recipient of the ordered Products, will receive a notice of attempted delivery, by which they can contact the carrier at the address indicated on the notice in order to arrange a new delivery.
In the event that it is not contacted, the carrier will make another delivery attempt in the following days. In the event that after two delivery attempts it was not possible to deliver the package, the Customer or the recipient of the Order will receive a notice communicating the DHL Centre address where the package will be kept for ten working days. The Customer or the recipient of the Order can pick up the package at this centre. At the expiry of this deadline, the package will be returned to Red Keep and the Customer will be reimbursed pursuant to the conditions chosen at the discretion of Red Keep, of the amount of his Order minus the shipping costs, any storage and any other additional costs generated by the continued unavailability of the Customer.
It is not possible to raise any disputes relating to the shipment itself in the event that the package appears to have been delivered. For this purpose, the computer system of the carrier is authoritative.
For shipments to mountain and isolated areas delivery times may be extended by 1 or 2 working days.
Delivery times are approximate and start from the moment the shipping confirmation e-mail is sent to the Customer.
Once prepared and shipped, the Order will be given a parcel number that will allow the Customer to inquire about the status of the shipment and delivery of the Products.
Import taxes and duties will be the responsibility of the Customer and will be charged to this latter, including any fee due to DHL. Unfortunately Red Keep has no control over these costs as they are imposed by local customs office of the Country where the Products are sent and Red Keep is therefore unable to offer assistance on these processes. Red Keep advises the Customer to check the import charges applicable in any country before ordering Products to be delivered in such countries.
For more details, please visit the “Shipping and Payment” section of the Website.
No responsibility can be attributed to Red Keep in case of delay in the execution of the Order or in the delivery of the Products.
No deadline for delivery is binding for Red Keep or DHL, with the result that the latter will in no case be liable for any damage caused to the Customer and/or the recipient of the Products by the delivery delay.
- Faults, non-compliance and damage to the Products
10.1 Faults and damage to the external packaging at the time of delivery
At the time of delivery of the Products by the courier, the Customer is obliged to check that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (adhesive tape or metallic strapping). Any damage must be, under penalty of forfeiture:
- immediately reported to the courier performing the delivery. Once the courier's document has been signed without reservation, the Customer will not be able to oppose any dispute about the external characteristics of what was delivered; and
- communicated within and no later than the next 2 (two) days, by sending an e-mail to Customer Service to the following address: shop@cliomakeup.com
Failure to comply with the correct procedure excludes any claim against the courier, including the right to reimbursement of the Order and/or the return of the ordered Products.
10.2 Faults, non-compliance and damage to the Products
In the event of a lack of conformity of a Product pursuant to Article 129 of the Consumer Code, the legal guarantee referred to in Articles 130 and 132 of the Consumer Code will apply. The Customer has the right to restore, without charge, the conformity of the goods by repair or replacement. In the event that such remedies fail, the Customer has the right to an adequate price reduction or to the termination of the contract. The Customer loses these rights if he/she does not report the lack of conformity to Red Keep within two months from the date on which he discovered the fault. Red Keep is responsible when the lack of conformity occurs within two years of delivery of the Product. The direct action to assert the faults not fraudulently concealed by Red Keep is prescribed, in any case, within twenty-six months from the delivery of the Product.
The Customer shall contact the Customer Service reporting the lack, the defect, the damage or the non-conformity of the Products in order to be instructed on how to return the damaged, non-compliant and/or defective Product(s). The Customer must follow the procedure for returning damaged, non-compliant and/or defective Products indicated by Customer Service, otherwise the Customer is not entitled to claim any refund or replacement of the Products in question. The Product, even if defective, in order to be replaced, must also, at the time of return to Red Keep, be complete with the original packaging and all the accessories and documentation received by the Customer at the time of delivery. The return of the Product without the original packaging, accessories and documentation mentioned above prevents Red Keep from replacing the Product itself at the manufacturer and makes replacement impossible.
Customer Service may request information relating to the Customer's identity and carry out any verification that may be useful.
10.3 Product Replacement
In the event of a dispute pursuant to paragraphs 10.1 and 10.2 above, Customer Services is entitled to carry out any verification and check deemed useful for the purpose of processing the case.
Once the Products returned by the Customer are received, Red Keep will verify the validity of the Customer's complaints. If this verification is positive, in compliance with the provisions of article 130 and following of the Consumer Code, Red Keep will replace the defective, damaged or non-compliant Product and will send it to the Customer as soon as possible and in any case within 30 (thirty) working days from receipt of the Products. Shipping costs will be borne entirely by Red Keep. In the event that Red Keep is unable to proceed with the replacement of the Products within the aforementioned deadline, Red Keep will immediately notify the Customer to the e-mail address indicated at the time of the purchase of the Products and/or during the Account registration and will propose the following alternatives to the Customer:
- reimbursement of the cost of these Products and shipping costs (if the Customer provides proof of the cost incurred to return the Products); if the Customer decides to adhere to this alternative, the reimbursement of the price will be made by Red Keep by crediting the related amount through the payment method used for payment as soon as possible, and in any case within 30 (thirty) working days from the date Customer receives the Products;
- recognition of a credit (equal to the cost of such Products and shipping costs where the Customer provides proof of the cost incurred to return the Products), with the provision of an Online Voucher to be spent on purchases on the Website.
In the event that, after checking the returned Products, Red Keep deems that the disputes are unfounded, the Customer will not be entitled to a refund and the Products will be returned to him/her at the Customer's expense.
- Withdrawal
11.1 Right and Terms for the Withdrawal Exercise
In accordance with the provisions of Article 52 of the Consumer Code and subject to the exclusions referred to in Article 59 of the same Consumer Code (in particular the hypothesis of the purchase of clearly personalized goods or the supply of sealed goods that cannot be returned for hygienic reasons, such as cosmetics, or related to health protection that have been opened after delivery), the Customer is entitled to, within the term of 14 (fourteen) days from the acquisition of physical possession of the package containing the ordered Products or, in the case of the purchase of multiple goods ordered by the Customer in a single Order and delivered separately, from the acquisition of physical possession of the last Product purchased, withdraw from the purchase contract without penalty and without the obligation of providing any reason.
In case of purchase of a service, the right of withdrawal can be exercised by the Customer, within the term of 14 (fourteen) days starting from the date of receipt of the Order Confirmation E-mail, on condition that the provision of such service has not been completed yet. Any Gift Card, where available, shall be understood as a service pursuant to this clause.
To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
11.2 How to Exercise the Right of Withdrawal
If the Customer wants to exercise the right of withdrawal in relation to the purchase of products that are not included in the above exclusions, the Customer must inform Red Keep of his/her intention to withdraw from the contract, by sending a notice by registered letter with advice of delivery to the following address: Via Timavo 34, 20124 – Milan, Italy. To this end, the Customer can use the withdrawal form provided for in Annex I part B of the Consumer Code, with the following content:
- Recipient: Red Keep Srl, Via Timavo 34, 20124 – Milan, Italy:
With this letter, the undersigned __________ notifies the withdrawal from the purchase contract of the following goods: [insert a description of the products purchased, it’s MANDATORY to indicate the order number], ordered on the _________ (or received on the __________) and requests:
the reimbursement of the amount paid for the returned products, by crediting the related amount through the payment method used;
- Name, Surname, Customer Address
- Client's signature (only if the form is notified in paper version)
- Date
11.3 Consequences of exercising the right of withdrawal
Once it is exercised the right of withdrawal pursuant to this article, within the terms and in the manner described below for the return of the Products, the Customer may obtain at his/her choice, as required at the time of sending the notice of withdrawal:
- reimbursement of the amount paid for the returned Products, by crediting the related amount through the payment method used;
- a credit of an amount equal to the price of the Products returned in the form of Online Voucher, usable only on the Website.
In the event that the Order has been paid with a Gift Card, the refund will be paid via Online Voucher.
The reimbursement of the Product price (or the delivery of the Online Voucher, if chosen by the Customer) will take place within 14 days of receipt of the Customer's withdrawal notice. Red Keep can withhold the reimbursement or wait to issue the Online Coupon, until it has received the return of the Products covered by the Order or until the Customer has demonstrated to have returned the Products, depending on which situation occurs first.
11.4 Costs and methods for returning the Products
The Products must be returned in their original packaging and must arrive “as new” without any damage to the Product or Product packaging.
In accordance with the provisions of article 57, paragraph 1 of the Italian Consumer Code, the Customer will have to bear the return costs. Packages sent at the expense of the recipient will not be accepted.
The products must be returned to Red Keep, without undue delay and in any case within 14 (fourteen days) from the date Customer informed Red Keep of his/her decision to withdraw from the contract.
Without prejudice to the impossibility of exercising the right of withdrawal in the cases envisaged by art. 59 of the Consumer Code (including the case of purchase of sealed goods that do cannot be returned for hygienic reasons, such as cosmetics, if they were opened after delivery), the Customer is still responsible - even if he/she does not remove the seals of the Product and/or its packaging - of the decrease in the value of the Product and/or its packaging, resulting from the handling of the Product and/or its packaging other than that necessary for establish the nature, characteristics and functioning of the assets.
If the right of withdrawal is exercised, Red Keep will not be responsible for the return shipping costs or for any loss or damage to the Products attributable to third parties.
The Products must be returned to Red Keep in their substantial integrity, with their original packaging, accessories, instructions for use and anything else they have been supplied with, by post to the following address:
CLIOMAKEUPSHOP
VIA TIMAVO, 34
20124 MILANO
Red Keep only accepts packages or registered letters that are correctly addressed.
Any risk related to the return of the Products will be exclusively borne by the Customer and/or the recipient of the Order, except in the event that the Customer/recipient of the Order does not prove that he/she has handed the Products to be returned to a carrier.
- Duration
These GCS, as amended from time to time, shall apply for as long as the Products will be on sale on the Website and until the terms of the guarantees expire.
In any case, the art. 13 (Liability) shall remain valid after the termination of these GCS.
- Liabilities
Red Keep does not take any liability for disruptions attributable to the courier, the fact of a third party, the fault of the Customer or due to force majeure or unforeseeable circumstances or any other event that is not under the exclusive control of Red Keep, even when caused by malfunctions and disruptions of the Internet network, in the event that they are unable to execute the Order within the time limits set forth in these GCS.
Red Keep will also not be responsible for damages, losses and costs incurred by the Customer as a result of failure to execute the Order for reasons not attributable to Red Keep, unless they depend on an omission by Red Keep. In this case, the Customer is only entitled to a full refund of the price paid and the shipping costs incurred.
Red Keep cannot be held responsible for the information, data and any technical inaccuracies that may be contained on the Website, if they have been communicated by third parties and have been verified by Red Keep according to the criteria of ordinary diligence. In particular, the information and content available on the Website are provided «AS IS» (in the state in which they are found) and Red Keep does not give any guarantee, either express or implicit, in relation to integrity, accuracy, timeliness , non-infringement of third-party rights, availability, reliability or completeness of the information and content, including but not limited to, information on the Products, accessories or services that appear on the Website and/or their suitability for a specific use. Red Keep will not be in any way responsible for the improper use of the Products and/or services by the Customer and/or recipient of the Order, and in particular for the case of failure to comply with the instructions for the use of the Products. Red Keep will not be in any way responsible for any damage caused to the Customer or to third parties, deriving from said non-compliant use.
Red Keep assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the Products purchased, if it proves to have adopted all the possible precautions based on the best technology and experience of the moment and based on ordinary diligence.
Red Keep declines all responsibility for direct and indirect damages, whether foreseeable or not, consequent and/or connected to the use of the Website by the Customer. If Red Keep is held responsible for a prejudice suffered by the Customer and attributable exclusively to the transmission of an Order, this responsibility will be limited to the amount of the Order actually paid by the Customer to Red Keep.
Nothing in these GCS excludes or limits the responsibility of Red Keep towards the Customer and/or recipient of the Order for fraud, death or personal injury caused by the negligence of Red Keep, violation of the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any complaint submitted by users of the Website, including all Customers, against Red Keep must be submitted, under penalty of forfeiture, within 6 (six) months following the occurrence of the event that is the subject of the complaint.
Red Keep and/or its business partners will in no way be responsible for the improper use and/or disclosure to third parties of the registration/access information of the Customer.
Red Keep believes in the quality of the marketed products, however the Customer, before applying the Products, is obliged to make sure that he/she is not allergic to any of the ingredients of the Products. Red Keep will not be responsible for any reactions to the ingredients of the products sold.
- Images
Red Keep undertakes to ensure that the colours of the images displayed on the screen by the Customer are as similar as possible to the actual colours of the Product. In any case, Red Keep cannot under any circumstances guarantee an exact and precise colour match as the colours of the images and photographs may vary due to multiple factors and variables, including screen and resolution settings.
- Customer’s Obligations
The Customer undertakes to pay the price of the Product(s) purchased in the time and manner indicated in these GCS.
The Customer undertakes, once the online purchase procedure has been completed, to print and keep these GCS.
The Customer is solely responsible for the correctness of the data entered in the registration procedure and undertakes not to enter false and/or invented data. The Customer keeps Red Keep relieved from any liability deriving from the issue of incorrect tax documents due to inaccurate data supplied by the Customer.
The use of the username and/or password for registration/access of the Customer constitutes proof of the identity of the Client for the purpose of exercising the right of Red Keep, after sending the Order Confirmation E-mail, to demand the relative amounts. The supply of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and make the amounts indicated for the purchase of the Products indicated in the Order payable. The computer records of Red Keep and the partners of Red Keep will constitute proof of the communications, orders, deliveries and payments made between the Parties.
The protection of personal information of their customers and the provision of a high level of security are priorities for Red Keep, but the customer is also required to protect his/her personal data. In particular, the Customer must maintain the security of his/her online transactions, for example by refraining from communicating his/her username and/or password to others and changing the password regularly.
- Medical treatments
No Product should be used as a substitute for medical treatment or clinical treatment.
The information published on the Website cannot be understood as treatments or treatments for dermatological problems and in no way must they be considered as such.
Suggestions on the Website or provided by Customer Service for informational and/or illustrative purposes will never be considered as substitutes for medical advice.
- Retention of Title
The ownership of the ordered Products will remain with Red Keep until the entire price of the Order, including shipping, taxes and other mandatory contributions (where applicable), is fully paid by the Customer.
- Intellectual Property
All figurative and non-figurative trademarks present on the Products on the Website, including the "Red Keep" mark, images, illustrations and logos and any content on the Website (including, without limitation, these GCS) are exclusive property of Red Keep and/or the respective holders of intellectual property rights thereon.
It is strictly prohibited to replicate in whole or in part, modify or use such trademarks, illustrations, images and logos, or any other content on the Website, for any reason and by any means, without the express written permission of Red Keep and/or their respective owners of intellectual property rights on them.
- Personal Data
Red Keep collects and processes the Customer’s personal data and, if applicable, those of the recipient of the Order in order to provide their Products and services in accordance with these GCS. For information concerning the processing of personal data of the Customer and possibly of the recipient of the Order, please consult the Website Privacy Policy, available at the following link: (https://international.cliomakeupshop.com/pages/privacy-policy).
- General Clauses
20.1 Partial Invalidity
In the event that any provision of these GCS is declared invalid or ineffective due to a legislative change or following a ruling by a judicial authority, the remaining clauses of these GCS will remain fully valid and effective.
20.2 Waiver
The fact that one of the Parties does not enforce against the other a violation of any of the obligations contained in these GCS, shall not be construed as a waiver to obtain the fulfilment of the obligation in question for the future.
20.3 Governing Law and Court of Jurisdiction
These GCS are governed by the Italian Laws, without prejudice to any more favourable consumer protection rules provided by the laws of residence of the Customer.
Any dispute related to the existence, interpretation and/or termination of these GCS shall be referred to the jurisdiction of the Courts of the place where the Customer’s domicile or residence is located, if in the Italian territory, otherwise the Court of Milan or the Court of residence or domicile of the Customer.
The Customer also has the possibility to resolve disputes, without recourse to the Court, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.
Version of 20/06/2019
Red Keep S.r.l. a socio unico – Cap. Soc. Euro 10.000,00 i.v.
Cod. Fisc. Registro Imprese e P. IVA 09551070965, R.E.A. Milano 2098389
Sede legale: Via Timavo, 34, Milano, 20124, PEC: redkeepsrl@legalmail.it
Società soggetta all’attività di direzione e coordinamento di 177C S.r.l.