Terms of Use

These general conditions of use (the “General Conditions of Use” or “GTU“) are intended to define the use of the site www.citylabcosmetics.com (the “Site“).
Any User and/or Buyer declares that he/she is at least 18 (eighteen) years of age and is capable of acting, within the meaning of Article 2 of the Civil Code, in order to use the Site in accordance with these GTU and the applicable legislation.
The company that owns and is responsible for the Site is Citylab S.r.l., an Italian limited liability company with registered office in Corso Venezia, no. Milan, 20121 (MI), tax code and VAT no. 12784550969 (“Company” or “Citylab”).

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Definitions

The terms below, in addition to those capitalized above, in the plural as well as in the singular, shall have the following meanings in these GTU:
“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.
“CivilCode“: means the Civil Code approved by Royal Decree No. 262 of March 16, 1942, as subsequently amended and supplemented.
“Credentials“: means, collectively, the Email and Password (defined below) necessary for the purposes of creating a valid Account, as well as for access to the latter.
“Personal Data“: means any information that enables the identification, directly or indirectly, of a natural person. The Site collects, pursuant to the privacy policy and cookie policy on the Site, data from Users and/or Registered Users.
“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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Access to and use of the Site and the Account

CITYLAB undertakes to do everything in its power to allow uninterrupted access to the Site and, for Registered Users, to the Account. However, CITYLAB cannot exclude the possibility that access to the Site and/or the Account could be unavailable, limited or terminated at any time due to causes attributable to third parties, including if the Site undergoes updates, maintenance, or if new features are introduced.

Using the Site

The User agrees to use the Site lawfully and fairly, in compliance with all applicable regulatory provisions and these Terms of Use.
The User agrees to use the Site only for personal purposes and not for commercial, business or professional purposes.

Prohibited use of the Site

The following use of the Site by the User are expressly prohibited, and the User agrees not to: (i) attempt to circumvent the network security of the Site, including attempting to access data not intended for the User, access a server or account that the User is not expressly authorized to access, or probe the security of other networks (e.g., by performing a port scan); (ii) use the Site in a way that places a disproportionate burden on CITYLAB and, in particular, on its IT infrastructure or that in any way succeeds in inappropriately interfering with the functioning, efficiency and operation of such infrastructure; (iii) perform any form of network monitoring that intercepts data not intended for the User; (iv) use the Site in violation of these Terms of Use; (v) engage in unlawful or criminal activities in connection with the use of the Site; (vi) copy or use any CITYLAB-owned items on the Site.
Moreover, and without prejudice to the above, Registered Users (and any third parties they authorize) are also expressly prohibited from the following uses of the Site: (i) engaging in any of the conduct set forth in the preceding paragraph through their Account; (ii) providing, during Registration, false information, including names, addresses and contact information, whether regarding them or, if they purchase Gift Experiences, the chosen Beneficiary; and fraudulently using Payment Methods.
The Registered User agrees to indemnify and hold CITYLAB and its subordinates, affiliates, officers, agents, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising out of: (i) the User’s and/or the Registered User’s access to and use of the Site, or the Account in the event of a Registered User; (ii) the User’s and/or the Registered User’s breach of these Terms of Use; (iii) the User’s and/or the Registered User’s breach of any third-party rights, including intellectual property rights or rights relating to privacy.

Intellectual property rights

Subject to your acceptance of these Terms of Use, CITYLAB grants you and Registered Users limited, personal, non-transferable, non-exclusive and revocable access to and use of Site (i.e., the portions thereof intended for Registered Users, including the Account).
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 Site, including materials, information and content on it, including text, graphics, designs, photos, videos, music, sounds, and data, are and shall remain the exclusive property of CITYLAB and, in any event, the User or Registered User shall not in any way attempt to obtain any 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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User Registration

Creation of an Account by the User

For the purpose of validly purchasing an Experience, Gift Experience and/or Product, or for the enjoyment of the Gift Experience, the User and/or consumer who physically goes to the Store must ensure creation and Registration of an Account.
By signing in to their Account, a Registered User will be able to, among other things: (i) update their personal and shipping information; (ii) view their Online Purchase history; (iii) print their Online Purchase Tickets; (iv) change the date and time of their purchased Experiences; (v) check the history and status of their Orders.

Creating an Account via third-party platforms

In addition to the Registration methods indicated above, the User may complete Registration via third-party platforms enabled by the Site (e.g. Facebook, Google, etc.). In such cases, the Company may acquire, from such platform, all the Personal Data that, as the case may be, the platform makes available (as indicated in the specific policy) and/or that the Registered User chooses to share with the Company, where the platform provides this option.

Creation by CITYLAB of an Account on behalf of the consumer

Consumers who make an In-Store Purchase will be automatically Registered to the Site by City Lab Cosmetics staff upon their acceptance of these Terms of Use.

Data required for Registration

Except in cases in which an Account is created through third-party platforms, Registration requires providing the Company with: (i) your Personal Data (e.g. first name, last name); (ii) a valid e-mail address (“E-mail”); (iii) a password that meats the Site security requirements (“Password”).
The use of a valid, personal (and not a third-party) and accessible E-mail is also necessary for the Registered User’s validation of his/her Account. This is both during Registration and after Registration as part of any Account verification that could be required without notice and at the sole discretion of the Company.
The Registered User warrants that all information provided during Registration and contained in his/her Account is true, accurate, complete, and also agrees to promptly amend such information if there are any changes to it. The Personal Data provided by the User during Registration will be processed by CITYLAB in accordance with the provisions of the privacy policy available on the Site.
The Company, as the responsible party and owner of the Site, reserves the right to refuse, for any reason, a new Registration.

Sign-In Information

Sign-In Information is secret and personal, non-transferable to third parties, and must be used exclusively to sign in to the Account and to use the services on the Site.
The Registered User shall take all measures to ensure the confidentiality and secrecy of his/her Sign-In Information. The Registered User will therefore be responsible for any use of the Sign-In Information. Any activities carried out based on the Sign-In Information and through the Account will be unquestionably attributed to the Registered User to whom the Sign-In Information belongs.
The Registered User agrees to promptly notify CITYLAB of any loss, theft, or misuse of his/her Sign-In Information and/or Account or any other breach of security regarding which he/she becomes aware.
The User agrees to change his/her Password immediately, following the steps in his/her Account, if he/she believes that the Password has come to the knowledge of unauthorized third parties.
The User hereby agrees to indemnify and hold CITYLAB harmless from any damage or detrimental consequences arising, directly or indirectly, from misuse of the Sign-In Information.

Duration of the Account

Registration on the Site, and the creation of an Account, is free of charge for an indefinite period of time, subject to the Company’s right to stop making the Site available at any time, and the Registered User’s right to request the deletion of his/her Account as described below.

Suspension and termination of the Account by the Company

CITYLAB reserves the right to terminate and suspend a Registered User’s Account at any time as well as to terminate access to the Site, either permanently or for a limited period of time, with no indemnification liability or obligation arising in relation to such actions.

Cancellation of the Account by the Registered User

The Registered User is free at any time to cancel, free of charge, his/her Account by signing in to his/her Account and following the steps indicated therein. After the Account is cancelled, the User will no longer be able to access his/her Account and consult the data contained therein, or use the features for Online Purchase or In-Store Purchase of Experiences, Gift Experiences or Products.

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Warranty disclaimer and limitation of liability

The Site is presented on an “as is” basis, in its legal and factual state. CITYLAB does not guarantee (and makes no representations): (i) the accuracy, reliability, or completeness of the Site and the services offered through it; (ii) that access to and use of the Site and the services offered through it will be continuous and uninterrupted, secure, and error-free; (iii) that the Site will be free of viruses or anything else that could in any way have a detrimental effect on the technology used by the User and/or the Registered User.
Except in the event of willful misconduct or gross negligence, CITYLAB shall not be liable for any damage arising out of or in any way connected with the use or inability to use the Site and/or the Account. CITYLAB, in particular, shall not be held liable if the Site malfunctions, including if the services provided by the Site are suspended and/or interrupted due to technical problems, force majeure or supervening impossibility, including in the event of fraudulent acts carried out by third parties.
CITYLAB shall not, moreover, be held responsible in any way for the content of the websites accessible through the links and in the manner referred to in the preceding paragraph.

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Changes to the Terms of Use

CITYLAB reserves the right to update or modify these Terms of Use at any time in the event that 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 provision of the services, 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 of Use 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 communication to CITYLAB from the User, i.e. Registered Users, except where otherwise provided in these GTU, shall be made by e-mail to the following address: hello@citylabcosmetics.com.

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Applicable law

These Terms of Use, including matters regarding their validity, interpretation or enforcement, are subject to Italian law.