Terms and Conditions

Terms and conditions

Users who use the services offered by Black Swan Cosmetics declare that they know and accept these general conditions of contract.

Owner of Black Swan Cosmetics and related Services

Company name: 2KEYS SRL

Registered office: Via Roma, 9 / b

Zip code: 12015

City: Limone Piemonte

Country: Italy

VAT no .: 03661750046

Telephone: (+39) 0171 186 5111

E-mail: info@blackswancosmetics.com

Introduction

This document

This document constitutes a legal agreement between you, the User, and the company that manages Black Swan Cosmetics and regulates your use of the website and, in any case, the use of the services provided. “Legal agreement” means that the terms of this agreement, once accepted by the User, are binding on the latter. For simplicity, “User” “you” “yours” and similar terms, both singular and plural, refer to you, the User. “Black Swan Cosmetics” “2KEYS SRL”, “we” “ours” and similar terms refer to the company that owns and operates Black Swan Cosmetics. “Black Swan Cosmetics” refers to this site. “Services” indicates the features and functionality that you can use through Black Swan Cosmetics. “Contract” refers to this document. The contract is concluded in Italian. Other definitions can be found in the “Definitions” section at the end of this Agreement.

Acceptance of the Agreement

In order to use the Services, you must accept the Terms and Conditions and the Privacy Policy when registering on the Black Swan Cosmetics website. If you do not accept the Agreement you will not be able to use the Service.

About Black Swan Cosmetics

Black Swan Cosmetics is a site for the sale of cosmetic products.

Registration, Black Swan Cosmetics Content and Prohibited Use
registration

In order to use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The User has the burden of keeping his access credentials.

Account cancellation and user account closure

Registered Users can deactivate their accounts, request their cancellation or discontinue use of the Service at any time, through the Black Swan Cosmetics interface or by contacting the Owner directly.
In case of violation of these Terms, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

Content provided by third parties

The Owner does not make any prior moderation on the contents or links provided by third parties shown on Black Swan Cosmetics. The Owner is not responsible for these contents and their accessibility.

Services provided by third parties

Users can use services or content included in Black Swan Cosmetics provided by third parties, but must first have read the terms and conditions of these third parties and have accepted them. Under no circumstances can the Data Controller be held responsible for the correct functioning or availability, or both, of services provided by third parties.

Use not allowed

The Service must be used according to what is established in these terms.
Users cannot:

reverse engineer, decompile, disassemble, modify or create derivative works based on Black Swan Cosmetics or on any portion of it;
circumvent the computer systems used by Black Swan Cosmetics or its licensors to protect content accessible through it;
copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Black Swan Cosmetics;
use any robot, spider, site search / find application, or any other device, process or automatic means to access, recover, scrap or index any portion of Black Swan Cosmetics or its contents;
rent, license or sublicense Black Swan Cosmetics;
defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;
disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
use Black Swan Cosmetics in any other improper way that violates these Terms.

Purchase process and user rights
Purchase procedure

Each order sent constitutes an offer for the purchase of products. Orders are subject to the availability and discretionary acceptance of the Owner. The User must select the products and check-out, after carefully checking and possibly modifying the information contained in the order summary. The order is made by confirming the same and is subject to payment of the price, taxes and shipping and payment costs indicated in the order summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place at the time of the sending of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order by communicating to the User within 20 days of purchase, to the email address associated with his purchase, the unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User.

Terms of payment

The payment of the products purchased on the Site is made by credit card, prepaid card, through the PayPal payment solution and cash on delivery (cash on delivery). Black Swan Cosmetics accepts credit cards from the VISA, MasterCard and Eurocard circuits, whose payments will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol with 128-bit encryption. Black Swan Cosmetics does not in any way come into contact with the payment data – such as those relating to the credit card – provided. Should the owner of each of these third-party instruments refuse the authorization for payment, Black Swan Cosmetics will not be able to provide the Service and will not be responsible for any delay or non-delivery. Any costs of managing User payments that are not accepted will be charged to the User. The commercial invoice will be automatically issued when the ordered goods are shipped to the recipient. On the occasion of the first purchase, the user will be asked to communicate the data for the invoice header, including the tax code. He may subsequently modify these data. The invoice for each purchase will be available in the “Profile” section.

Prices and shipping costs

All prices of the products on sale on the Site are expressed in Euros (€) and, unless otherwise specified, are inclusive of VAT (Value Added Tax). Shipping costs and any other additional costs, inclusive of VAT and expressed in Euros (€), will be expressly and separately indicated in the order form before the user proceeds with the transmission of the same as well as on the confirmation e-mail of the ‘order. The price of the products can be changed without notice, it being understood that the price charged to the User will be the one published on the product sheet when the order is sent. The full price indicated in the catalog (“Strikethrough Price”) and with respect to which the discount that Black Swan Cosmetics applies is calculated may correspond: to the list price to the public indicated by the supplier or to the results of market surveys (wine sales price or in other businesses). The methods for calculating the Strikethrough Price vary from product to product. The User is reminded that the Strikethrough Prices may provide an indication of the value of the product, but that in some stores the actual price of the product may be different.

Retention of title

Until full payment of the price of the products ordered, the products remain the property of the owner.

Availability of products

The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and do not constitute a guarantee of product quality.
If an ordered item is not available, the Owner will immediately inform the customer and proceed with the refund of the price already paid.

Products on offer

The Owner reserves the right, in his exclusive and indisputable discretion, to offer some products at a discounted price for a limited period of time.
The conditions under which these offers are indicated from time to time in the information sheet related to the offer. Each offer will be valid until the set deadline and, in any case, while stocks last.

Use of Coupons issued by the Owner

The Owner reserves the right, in his sole and indisputable discretion, to offer Coupons that can be used for purchases made on Black Swan Cosmetics. It is possible that the Owner excludes certain products from the purchase with Coupon.
Unless otherwise stated, the following rules apply for the use of Coupons:

Each Coupon is valid for a single User and can be used only once according to the methods and times established in the instructions on the website and / or that accompany the Coupon itself;
Coupons cannot be combined with each other. Only one coupon can be used for each order;
Some coupons can be used only if the relative order reaches a minimum amount. In this case, the amount is indicated on the relevant promotion page. Shipping costs and any accessory costs do not contribute to reaching the spending threshold;
If, after applying the coupon, the total expenditure is lower than the minimum threshold for free shipping, the shipping costs will be added to the expense.
Partial use of the Coupon or use in a manner that entails full redemption in subsequent stages is not permitted;
The Coupon must be redeemed only within the period established for the use of the offer. At the end of this period, the Coupon will automatically expire, without any possibility for the User to make any claim on the matter;
The use of the Coupon is intended for personal and non-commercial purposes only. The reproduction, counterfeiting, commercial exchange of the Coupon as well as any illegal activity related to the purchase and / or use of the same is therefore prohibited.

If any offense is committed, the Data Controller can legitimately refuse to fulfill his contractual obligations and expressly reserves the right to act in the appropriate judicial offices for the protection of his rights and interests.

Execution of the Order

The Order is executed in the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the product ordered. The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.

Delivery

Delivery times are always indicated in the data sheet of each product, during the payment phase and on the order confirmation email. Generally the shipment takes place within 48H.
Deliveries are made during normal business hours to the address indicated by the User, through a carrier throughout the Italian territory with the exception of Campione d’Italia and Livigno. The carrier assumes full responsibility for transport, from taking charge at Black Swan Cosmetics, to delivery to the address you have indicated to us.
In case of non-collection within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, or for delays in shipping or damage that may have occurred to the products after delivery to the carrier, where this the last one was chosen and commissioned by the User.

Damaged goods

If you receive parcels damaged by the courier, broken or stained by leaking wine from any broken bottles, please reject the shipment to the sender and Black Swan Cosmetics will take care of the return and recovery of the shipment. If the shipment consisted of several packages and not all were damaged, please reject the damaged package to the sender by signing the courier’s note “With reserve”. Black Swan Cosmetics will return the damaged package and replace it. If the product to be replaced is out of stock, Black Swan Cosmetics will contact you promptly for a possible replacement or for a refund of the residual value. Any shipping costs for returning the damaged package to the sender and returning the new one are charged to Black Swan Cosmetics.

Right of withdrawal

In case of purchase of products or services on Black Swan Cosmetics, the consumer User has the right to withdraw from the contract without indicating the reasons, within 30 days. The withdrawal period expires after 30 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw via an explicit declaration sent to the contacts indicated.
The conditions of withdrawal and / or refund applicable to purchases made by non-consumer users are agreed upon from time to time between the Owner and the User.

Effects of withdrawal

If the User withdraws from this contract, all payments made to the Owner will be refunded, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery standard offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a consequence of this refund. The refund can be suspended until the goods are received or until the User demonstrates that he has sent the goods back, if previous.
The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The shipping costs of the return are borne by the User. The User is only responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish its nature, characteristics and functioning.

Limitations to the right of withdrawal on products

Returned products that are damaged or used in a different and further way than strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value consequent to damage or use. The reimbursement is excluded when the decrease in value is total.
The User is requested to insert a copy of the delivery document received within the package.
Please return the products in their original packaging.
The User declares to recognize and accept that there are exceptions to the right of withdrawal. For example, the right of withdrawal does not apply to:

the supply of goods that are liable to deteriorate or expire rapidly;
the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and whose actual value depends on fluctuations on the market which cannot be controlled by the professional.

If one of the aforementioned exceptions were applicable to the goods purchased by the User, the latter cannot exercise the right of withdrawal.

Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, that is, to the User who acts for purposes unrelated to his business and professional activity.

Warranty

The User who purchases as a consumer has the right to guarantee the conformity of the products purchased within 24 months of purchase, provided that defects found are communicated within 2 months of their discovery.
To exercise the warranty right, the User is required to contact the Data Controller with the contact information contained in this document, giving an accurate description of the defect found.
If the lack of conformity of the product is ascertained, the User has the right to obtain its repair or replacement.
The User also has the right to request from the Owner a reasonable price reduction or termination of the contract in the following cases:

if repair and replacement are impossible or excessively expensive;
if the Owner has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;
if the replacement or repair previously carried out has caused significant inconvenience to the User.

To exercise the warranty right or to obtain further information in this regard, the User is required to contact the Owner.

Warranty, compensation and limitation of liability
Disclaimer

Within the limits of applicable law, the Data Controller is liable for damages of a contractual and non-contractual nature to Users or third parties only when they constitute immediate and direct consequence, through willful misconduct or gross negligence, of the activity of Black Swan Cosmetics.
The User exonerates and expressly relieves the Owner from any liability, within the limits permitted by applicable legislation, in relation to any damage or claims of any type and kind of its own and / or third parties including direct, indirect, punitive, incidental, special damages , damages deriving from lost profits, lost revenues, loss of data or replacement costs deriving from or in any case connected with this agreement.

Miscellaneous
Service interruption

The Owner reserves the right to add, remove features or characteristics or to suspend or completely interrupt the provision of the Service, both temporarily and permanently. In the event of a definitive interruption, the Data Controller will act as possible to allow Users to withdraw their information hosted by the Data Controller.

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Black Swan Cosmetics and its Services without the Owner’s express permission, guaranteed directly or through a specific resale program.

Privacy Policy

For information on the use of personal data, Users must refer to the privacy policy of Black Swan Cosmetics.

Intellectual property

All trademarks of the Black Swan Cosmetics site, figurative or registered, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning Black Swan Cosmetics are and remain the exclusive property of the Owner or its licensees and are protected by the laws in force on trademarks and by the related international treaties.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear concerning third parties are and remain the exclusive property of these third parties or their assignors and are protected by applicable trademark laws and related international treaties. The Owner does not own it and is authorized to use and / or display them on Black Swan Cosmetics within the limits of the agreements entered into with these third parties and for the sole purpose of providing the Service.

Age requirements

Users declare that they are of legal age according to the legislation applicable to them. Minors can use Black Swan Cosmetics only with the assistance of a parent or guardian.

Changes to these Terms

The Owner reserves the right to make changes to these Terms at any time, giving notice to the User through its publication in Black Swan Cosmetics.
The User who continues to use Black Swan Cosmetics after the publication of the changes accepts the new Terms without reservation.

Contract assignment

The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from these Terms, provided that the User’s rights provided herein are not affected.
The User will not be able to assign or transfer in any way his rights or obligations under these Terms without the written authorization of the Owner.

Communications

All communications relating to Black Swan Cosmetics must be sent using the contact information indicated.

Safeguard clause

If any clause of these Terms is found to be invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be conditioned by this and will remain effective.

Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner is based. The exclusive jurisdiction of the consumer is an exception, if the law provides for it.

Online dispute resolution for consumers

The consumer residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated on the net in a non-judicial manner. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link
The Data Controller is available to answer any questions sent by email to the email address published in this document.

Contacts

If you want to request general information, make complaints about sales or want to request more information about purchase orders, products, shipments and payments, you can contact Customer Service at the email address info@blackswancosmetics.com or by calling 0171 186 5111.

definitions

Service

The service offered by 0171 186 5111 as described in these Terms and within 0171 186 5111.

User

The natural or legal person who uses the Service.