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Terms & Conditions of Sale
These terms and conditions of sale (“Terms & Conditions of Sale”) govern:
- the online sale at www.citylabcosmetics.com (“Site”) of Experiences offered by City Lab Cosmetics;
- the sale of the Products which can be purchased on the Site and can be customized as part of a Virtual Experience;
- the sale at the Store of Experiences and Products.
The company that owns and is responsible for the sale of the Products and the Experiences is Citylab S.r.l., an Italian limited liability company with registered office at 54 Corso Venezia, Milan, 20121 (MI), tax code and VAT no. 1278455096 (“Company” or “Citylab”).
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Definitions
The terms below and those capitalized above, both in the plural and in the singular, shall have the following meanings in these Terms & Conditions of Sale:
“Account” means the account created by each Registered User on the Site.
“Buyer” means the Registered User who purchases an Experience or a Product.
“Beneficiary” means the Registered User other than the Buyer who is the direct beneficiary of the Gift Experience.
“In-Store Purchase” means the purchase of an Experience or Product at City Lab Cosmetics.
“Online Purchase” means the online purchase through the Site, as applicable, of an Experience or a Product.
“City Lab Cosmetics” or “Store” means the store owned by CITYLAB named “City Lab Cosmetics” and located in at 3 Corso Garibaldi, Milan. 3.
“Experience” means the innovative services and experiences in the beauty sector, including those aimed at the creation of a Product, which are designed, developed and provided by the Company at City Lab Cosmetics.
“Virtual Experience” means the services and innovative experiences in the beauty sector, aimed at the creation of a Product, which are designed, developed and provided by the Company remotely through the Site.
“Gift Experience” means the Experiences purchased by a Registered User and that are provided at the Registered User’s choice to the Beneficiary.
“Payment Methods” means the forms of payment for Online Purchase, as is applicable, of an Experience and Products, provided by third-party providers (e.g. PayPal, Stripe) and indicated within the relevant section of the Site. For more information, please see the terms and conditions of the provider of each Payment Method.
“Ticket Identification Number” means the alphanumeric code shown on the Ticket and that identifies the Experience purchased by the Buyer.
“Order” means the purchase order for a Product or Experience.
“Products” means the products sold by CITYLAB, both those created during an Experience and those created during a Virtual Experience.
“Registration” means the process by which a User signs up on the Site to create a valid Account and use special services provided by the Site.
“Ticket” means the receipt, containing the Ticket Identification Number, of the Online Purchase or In-Store Purchase of the Experience.
“User” means the person who browses or logs onto the Site.
“Registered User” means the User who has an Account following Registration on the Site.
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Nature of the Experience
The Buyer acknowledges that Experiences are for the purpose of providing, at City Lab Cosmetics, a beauty consultation that in no case consists of medical or scientific advice, and where appropriate are also for the purpose of creating a Product for the Buyer.
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Online Purchase of Experience
Purchase of the Experience
The Registered User may make Online Purchases of one or more Experiences for himself or herself or for a Beneficiary. For the purposes of the Online Purchase, the Buyer must indicate, on the appropriate section of the Site, the type of Experience he/she wishes to purchase, as well as the date and time (among those available) he/she wishes to enjoy it. Once these activities have been completed, the Buyer, using one of the Payment Methods, then proceeds to pay for the selected Experience. Following successful purchase, the Online Purchase is considered complete.
Purchase of a Gift Experience
During the Online Purchase of the Experience, the Purchaser may choose a different Beneficiary of the Experience. This can be done by choosing the “Treat someone” option available on the Site.
Confirmation of the Online Purchase of the Experience
After completion of the Online Purchase, and in confirmation of it, CITYLAB will send the Buyer a confirmation e-mail (“Online Purchase Confirmation”), which includes all information concerning the purchased Experience, including the Ticket (which includes the Ticket Identification Number). The Buyer can also consult the Online Purchase Confirmation in the specific section of his or her Account. The Buyer agrees to keep the Online Purchase Confirmation, which he/she will be required to show, or have the Beneficiary show, at City Lab Cosmetics to use the Experience.
Suspension or rejection of the Online Purchase of the Experience
CITYLAB reserves the right to: (i) suspend the processing of an Online Purchase of an Experience and contact the Buyer to receive supporting documentation necessary to complete the Online Purchase (including proof of address, identity or bank information); (ii) cancel or reject the Buyer’s Online Purchase: (a) in the event of unsuccessful payment of the price of the Online Purchase via the Payment Methods; (b) in the event of suspicion of a fraudulent Order, as per applicable law; (c) where there is a dispute pending between the Buyer and CITYLAB regarding the payment of a prior purchase.
Use of the Experience
The services included in each Experience will be provided by CITYLAB solely at City Lab Cosmetics, with the support of CITYLAB-appointed individuals who are experts in the cosmetics industry and meet the professional requirements of industry best practice.
Change of date and/or time of use of the Experience
Up to 1 (one) hour before the time chosen, during the Online Purchase, to enjoy the Experience, the Buyer may, on the specific section on the Site, change the chosen date and time. The change will be considered accepted by CITYLAB and successful only upon the Buyer’s receiving the related confirmation e-mail showing the new modified date and time.
Right of withdrawal from the Online Purchase of an Experience
As per Articles 52 ff. of Legislative Decree No. 206/2005 (“Consumer Code”), the Buyer may withdraw from the Online Purchase of the Experience, without having to provide a reason or be required to pay penalties, within 14 (fourteen) days of completion of the Online Purchase of the Experience, i.e. from receiving the related confirmation e-mail. This right of withdrawal does not, in any case, apply to In-Store Purchases.
The Buyer may exercise the above right of withdrawal by sending a written request (“Return Request”) to CITYLAB by the above deadline and via: (i) e-mail to customercare@citylabcosmetics.com; (ii) registered letter with return receipt to the Store (3 Corso Garibaldi, Milan, 20121).
In the Return Request, the Buyer must include: (i) his/her first and last name; (ii) the Ticket Identification Number; (iii) the type of Experience purchased.
CITYLAB, after verifying the above information: (i) will send the Buyer a confirmation of acceptance of the Return Request to the e-mail address provided by the Buyer during Registration; (ii) will proceed to reimburse the Buyer for the price of the Experience through the same Payment Method used by the Buyer during the Online Purchase, within 14 (fourteen) days of receipt of the Return Request; (iii) will cancel the Ticket related to the Experience as per the Return Request.
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In-Store Purchase of an Experience
If a Buyer purchases an Experience directly from the Store through an In-Store Purchase, the purchase procedure described above will be completed, with the assistance of CITYLAB personnel at the Store. In such cases, the provisions applicable to Online Purchases will apply, mutatis mutandis.
It is understood that in cases of In-Store Purchases and simultaneous use of the Experience, the provisions relating to the “Change of date and/or time of use of the Experience” and the “Right of Withdrawal from the Online Purchase of an Experience” as per the preceding paragraphs sections will not apply to such In-Store Purchases.
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Online Purchase of Products generated by the Digital Experience
Online Purchase of the Product
The Registered User, by accessing the appropriate section of the Site dedicated to the Digital Experience, and making use of the functions of the latter, can make the Online Purchase of a Product.
By accessing the appropriate section of the Digital Experience, the Registered User will be able, using the specific functions (including graphics) developed by CITYLAB, to simulate the creation of his Product by choosing, among other things, the colour, texture, aroma, of the casting and placing initials or graphic symbols on the packaging of the latter.
At the end of this simulation, the Registered User will be able to decide whether to purchase the Product created by him during the Digital Experience phase, or save it in his Account for a subsequent purchase.
If the Registered User wishes to complete the purchase of the Product, the same, after having provided or confirmed, depending on the case, the information (including for shipping) that may be requested, may proceed with the payment of the relative price, as well as the costs shipping, using one of the Payment Methods. As a result of the foregoing, the Registered User will receive an Order confirmation communication to the e-mail address provided during Registration, or indicated during the Online Purchase of the Product. This Order will also be present in the appropriate section of the Registered User’s Account.
Suspension or rejection of the Order
CITYLAB reserves the right to: (i) suspend the processing of an Online Purchase of a Product and contact the Registered User to receive supporting documentation necessary to complete the Order (including proof of address, identity or bank information); (ii) cancel or reject the Order: (a) in the event of unsuccessful payment of the price of the Order via the Payment Methods; (b) in the event of suspicion of a fraudulent Order, as per applicable law; (c) where there is a dispute pending between the Buyer and CITYLAB regarding the payment of a prior purchase.
Delivery of the Products
The Products purchased through Online Purchase will be delivered to the Registered User at the address indicated or confirmed, as the case may be, during the Online Purchase.
With regard to Product shipping costs and related timeframes, which can vary depending on the number of Products purchased and the delivery destination, the information provided during the Online Purchase should be consulted.
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Products
Warranty and replacement of non-conforming Products
The Company warrants that all Products made during an Experience, i.e., customized and purchased by the Buyer as part of the Virtual Experience, will conform to their intended use and will have no hidden defects or flaws that could make them dangerous or unfit for their intended use. CITYLAB also guarantees that such Products will comply with Article 3, paragraph 4 of the Ministerial Decree of September 27, 2018 and with Regulation (CE) n. 1223/2009. 1223/2009.
If Products are affected by defects or non-compliance with the above, the Buyer may, at his or her discretion, choose to have them replaced or repaired. This is unless, due to the value of the Product or the seriousness of the defect, the choice made means an excessive cost compared to the other option.
Under no circumstances will it be possible to replace Products that: (i) have been used by the Buyer and are missing their security seal; (ii) are not in their original condition; (iii) are missing their labels and packaging.
If, following the return of the defective and/or flawed Product, CITYLAB ascertains any of the above circumstances, CITYLAB will be under no obligation to refund or replace the returned defective or flawed Product. Conversely, if the Product is properly returned, CITYLAB will, at its own expense, replace or repair the defective Product, with the exclusion of any other refund.
Without prejudice to Products created as part of an Experience, replacement or refund of Products at the Store are excluded.
Exclusion of the Right of Withdrawal for Products
As per Article 59 of the Consumer Code, the right to withdraw from purchases made online is not granted to purchasers, among other cases, (i) in the event of supply of sealed goods that are not suitable to be returned for hygiene or health reasons and have been opened after delivery, and (ii) in the event of custom-made or customized goods. Therefore, the right of withdrawal is excluded for the Products as customized products and, if the adhesive security seal had been removed, also for hygiene or health reasons.
Intellectual property rights
All intellectual property rights (including copyrights, patents, trademarks, service marks, trade names, domain names, social media handles, and designs, both registered and unregistered) contained on the Products, including materials, text, graphics and designs, are and shall remain the exclusive property of CITYLAB and, in any event, the User or Registered User may in no way attempt to obtain ownership with respect to such rights.
None of the materials referred to in the paragraph above may be, in whole or in part, reproduced, distributed, copied, modified, published, downloaded, displayed, played or sent in any form or by any means, sold, rented, resold, licensed or sublicensed, or otherwise exploited in any way without CITYLAB’s prior written permission, except where otherwise envisaged under applicable copyright law.
Any infringement of the above copyrights or other intellectual property rights could lead to civil and/or criminal penalties, as appropriate, for any User or Registered User who engages in such infringement.
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Changes to the Terms & Conditions of Sale
CITYLAB reserves the right to change, modify, replace, suspend or remove, without notice, the Experiences or Products, or their price.
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Changes to the Terms & Conditions of Sale
CITYLAB reserves the right to update or modify these Terms & Conditions or Sale at any time if such updates or modifications are necessary to adapt its services to legal or regulatory provisions that arise, to implement security measures necessary to optimize the services provided, or to improve their features.
The Company will inform the User of such changes directly on the Site. The changes will be automatically valid and effective as of the 10th (tenth) day from the date of publication on the Site and will be deemed accepted by the User.
The User acknowledges and agrees that it will be the User’s responsibility to periodically check the page on the Site that contains the Terms & Conditions of Sale in order to check for any updates.
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Correspondence
CITYLAB may send newsletters, administrative e-mails and promotional e-mails to Registered Users, if the Registered Users agree to this. CITYLAB may also send Registered Users information regarding activity and Online Purchases by the related Accounts, as well as updates regarding the Site or news relating to Experiences and/or Products, in the manner and terms set out in the newsletter privacy policy on the Site.
Moreover, Registered Users may unsubscribe from newsletters, administrative e-mails and promotional e-mails at any time by changing their Account settings.
Any correspondence sent by the User or Registered Users to CITYLAB, except where otherwise envisaged in these Terms & Conditions of Sale, must be sent to the following e-mail address: customercare@citylabcosmetics.com.
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Applicable law
These Terms & Conditions of Sale and Online Purchases, including matters regarding their validity, interpretation or enforcement, or withdrawal, are subject to Italian law.