GENERAL TERMS OF USE

1. Information on the Website owner

This website (www.cliomakeupshop.com), including its mobile version and its application (hereinafter referred to as the “Website”) are owned and operated by Red Keep S.r.l., a company incorporated under Italian law with fully paid-up capital of Euro 10,000.00 (ten thousand 00), registered with the Milan Business Register, R.E.A. Milan 2098389, VAT number and tax code 09551070965, with registered office in Milan, Via Timavo 34, e-mail: shop@cliomakeup.com (hereinafter, “Red Keep”).

2. Introduction

The Website is an e-commerce platform aimed at the online purchase of cosmetics products and any ancillary services offered by Red Keep to any user of the Website (hereinafter, the “User”).

Access to and use of the Website by any User, regardless of the purpose of their visit, whether consultation or purchase, is governed by these General Terms of Use (hereinafter also referred to as the “GTU”).

By accessing and using the Website, the User agrees to be bound by these General Terms of Use. If the User does not intend to accept the GTU, he/she must not use the Website.

In the event of purchase of the products and/or services on the Website, the General Conditions of Sale will also apply (available at the following link https://cliomakeupshop.com/pages/termini-e-condizioni-servizio).

Red Keep reserves the right to suspend or terminate a User's access to the Website at any time, without notice, in the event that Red Keep (a) reasonably believes that these GTU and/or the General Conditions of Sale and/or any other rule on the Website are violated or (b) deems necessary to do so for security reasons.

3. Amendments to the GTU

Red Keep can periodically make changes to the GTU.

The User acknowledges and agrees that, in case of use of the Website after the date on which the GTU have been modified, such use will be considered as an implicit acceptance of the modified GTU.

It is the responsibility of the User to periodically check the GTU to see if changes have occurred.

4. Personal data

For information regarding the processing of the User's personal data by Red Keep during the visit and interaction with the Website, please consult the Website Privacy Policy, available at the following link […].

5. Account

The User may decide to register their data via the Website and create a personal account (hereinafter, the “Account”). In the absence of an Account, the User may access or use only some of the services or options offered on the Website. To create an account, the User needs to provide:

a) Name and surname;

b) Date of birth;

c) Phone number;

d) E-mail address;

e) Password to access the Account.

The processing of such data will take place in accordance with the Privacy Policy (available at the link https://cliomakeupshop.com/pages/informativa-privacy).

The responsibility for maintaining the confidentiality of access information and controlling access to the personal account is solely and entirely up to the User. The User will be the one and only responsible for all the activities carried out through their Account (including, by way of example only, any purchase of products, even if made through their Account and/or any comment and/or review published on the Website, where there is the possibility for the User to publish comments and/or reviews).

The User, as soon as he/she  becomes aware, must immediately notify Red Keep of any security breach or unauthorized use of the Account credentials.

Red Keep reserves the right to interrupt and close a User's Account at any time and without notice in the event that Red Keep (a) deems, in its sole discretion, that the User is using their Account in breach of these General Terms of Use and/or of the General Conditions of Sale and/or any other rule provided by the Website, (b) has reason to believe that a third party is using the Account of another User without his/her consent, or (c) for security reasons or for maintenance of the Website.

6. Intellectual property

6.1. Copyright on the Website and other material

The User acknowledges and agrees that the Website contains confidential information protected by intellectual property laws. All intellectual property rights on the Website, including but not limited to software or HTML code, newsletters, texts, databases, drawings, photographs, images, design, video and/or audio material and any other material contained on the Website (hereinafter, the “Material”), are exclusive property of Red Keep and/or its licensors. All Material is made available to the User by Red Keep and/or its licensors, exclusively for personal and non-commercial use. By way of example only, the User must not:

a) copy, reproduce, publish, transmit, distribute, play, display, communicate, modify, create derivative works, reverse engineer, sell, license or otherwise exploit the Website, or any part of the Material, including, by way of example, including or creating a link with the Website or any part of the Material, without prior written permission by Red Keep;

b) access or use the Website or any part of the Material for commercial purposes or for any other purpose that competes with Red Keep and/or its licensors.

6.2. Trademarks

The User acknowledges and accepts that Red Keep and/or its affiliates, and/or its licensors are the exclusive owners of the Red Keep brand and logos, as well as any other brand and/or logo that appears on the Website (hereinafter, the “Trademarks”). Any use of the Trademarks by the User is strictly prohibited and constitutes a violation of the intellectual property rights owned by Red Keep, by its affiliates and/or by its licensors. Red Keep reserves the right to take action to obtain compensation for damages in the event of counterfeiting of the Trademarks and/or in any case of violation of its intellectual property rights.

6.3. Hypertext links

The Website may, from time to time, contain hypertext links to other websites, web pages or third-party content. Red Keep does not control such websites, web pages and third-party content and, therefore, disclaims any liability for the accuracy, correctness, security or reliability of any website, web page or third-party content, nor will it be responsible for the content, advertising, products, services or any other information or data present on or deriving from such websites or third party web pages. Furthermore, Red Keep cannot be held liable for any damage or loss suffered by the User resulting from its access, use or reliance on such websites, web pages or third-party content.

The creation of links to Red Keep’s website, the framing of the website and more generally any use of the Material of the website or part of it, are subject to prior and express written authorization from Red Keep, which may be revoked at any time at the sole discretion of the latter. Red Keep reserves the right to:

a) request the removal of any link to the Website that was not, or is no longer, authorized;

b) ask for compensation for damages suffered due to the unauthorized link.

7. Social Media

The User has the possibility to share on social networks (such as, for example, Facebook, Twitter, Pinterest, Google+, etc.) some information (product features, images, news) on the Website. This action will be accompanied by a message prepared by Red Keep that can be customized by the User. For example, by clicking on the “Like” or “Share on Facebook” icon, the content will be uploaded to the User's Facebook profile. The contents shared on social networks will be subject to the terms and conditions of use of each of the social networks that, therefore, must be consulted in advance by the User. The User is exclusively responsible for the publication on the social networks of contents coming from the Website and Red Keep cannot in any case be held responsible for its use once the content has been published on social networks. The User undertakes to indemnify Red Keep from any harmful consequences deriving from the publication by the User on social networks of any content coming from the Website and/or its combination with any other content.

8. General limitations on the use of the Website and User behaviour

The User is required to use the Internet in a responsible manner and in compliance with the rights of other Website users and, in general, of other Internet users.

In particular, the User, by accessing the Website, must refrain from:

a) upload on the Website, publish, send by e-mail or transmit by any other means content that is unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, indecent, damaging the private sphere of others, unpleasant, offensive or reprehensible from a racial, ethnic or other point of view;

b) upload on the Website, publish, send by e-mail or transmit by any other means unsolicited or authorized advertising or promotional materials, false information, e-mail chains, or any other form of unauthorized commercial solicitation;

c) upload on the Website, publish, send by e-mail or transmit by any other means materials containing viruses or other codes, files or programs created to destroy, damage, interrupt or limit the operation of any software and/or hardware or any electronic telecommunications networks;

d) interfere with, or interrupt the operation of the Website or servers or networks connected to the Website, or violate the requirements, procedures, rules or regulations of networks connected to the Website;

e) damage or attempt to damage the use of the Website by any User, host or network, including without limitation, through the introduction of viruses on the Website, the voluntary overload or saturation of the server and/or mailboxes or, furthermore, the falsification of the information of the TCP/IP protocol or any other information forming part of the headers included in any e-mail message;

f) make or attempt to make changes or alterations to any part of the Website;

g) access data that are not intended for the User or access a server/account to which the User is not authorized to access;

h) try to ascertain or test the vulnerability of a system or a network or even try to violate security or authentication measures without having received authorization;

i) usurp the identity of another person;

j) carry out an activity or induce another person to carry out an illegal activity or any other activity that may violate the rights of Red Keep, its suppliers, partners, distributors or its advertisers or any other User;

k) circumvent or attempt to circumvent, disable or otherwise interfere with any element related to the security of the Website or elements that (i) prohibit or limit the use or copying of any Material or content and/or (ii) strengthen the limitations on the use of the Website or the content accessible on the Website;

l) transmit or transfer (by any means) information or software derived from the Website to foreign Countries and/or to foreign citizens in violation of any national or international law or regulation.

m) enter false and/or fictitious data;

n) improperly use the Trademarks.

The User undertakes to comply with all national and international rules and procedures relating to the conduct to be kept online and to the admissible contents, including all laws in force related to the transmission of technical data.

At any time and for any reason, Red Keep may, at its discretion, implement any system aimed to interrupt and terminate, without notice, the User's use of the Website or any service offered on the Website, should the User be in breach , or should Red Keep believe that User is in breach of this GTU and/or the General Conditions of Sale and/or any other rule present on the Website. Red Keep reserves the right to request a compensation from the User for damages in the event of non-compliance with these GTU and/or the General Conditions of Sale and/or any other rule on the Website.

9. Website access and operation

The User is personally responsible for the IT and telecommunications means that allow him/her to access the Website. The connection costs and the equipment necessary to access the Internet and to use the Website shall be borne, in whole, by the User.

The User acknowledges and accepts that the use of the Website is at his own risk and danger. Red Keep cannot be held responsible for any damage that a User may suffer as a result of such use. Red Keep declines any responsibility for indirect damages, regardless of the causes, origins and nature of the same, deriving from the use and/or non-use of the Website, as well as from having given credit to any information directly or indirectly coming from the Website, including by way of non-exhaustive example, the costs deriving from the imprudent purchase of products and/or services offered on the Website, loss of profit, of customers, of data or other losses of intangible assets.

10. Liabilities

Red Keep does not give guarantees of any kind, whether express or implicit, concerning in particular the integrity, accuracy, timeliness, non-violation of rules, availability, reliability and completeness of information on the Website, including information on the products, accessories or services offered on the Website and/or their suitability for a particular use that the User intends to make of them.

The information published on the Website cannot be understood or considered as treatments for dermatological problems. The suggestions presented on the Website or provided by Red Keep customer service for informational and/or illustrative purposes can never be considered as substitutes for medical advice.

In the event that the User intends to make a claim against Red Keep regarding the Material of the Website and/or the products and/or services offered therein, this complaint must be made by sending a written communication to the following address: shop@cliomakeup.com, no later than six months following the onset of the event from which the complaint originates. The foregoing does not affect the rights of the User acting as a Customer pursuant to the General Conditions of Sale applicable to actual purchases on the Website, recognized by the Consumer Code laws (Italian Legislative Decree 206/2005).

11. General clauses

11.1. Validity of the Contract

In the event that any provision of these GTU is declared invalid or ineffective due to a legislative change or following a ruling by a judicial authority, the remaining clauses of these GTU will remain fully valid and effective.

11.2. Governing Law and Court of Jurisdiction

These General Terms of Use are governed by the Italian Laws, without prejudice to any more favorable consumer protection rules provided by the laws of residence of the User.

Any dispute related to the existence, interpretation and/or termination of these General Terms of Use shall be referred to the jurisdiction of the Courts of the place where the User’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 User.

The User 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.