Terms and Conditions of Cosmetitrovo
These Terms govern the use of Cosmetitrovo in a binding manner.
The User is requested to read this document carefully.
Any further contract or agreement concluded by the Owner and Sellers takes precedence over the provisions of the Terms. Therefore, the Terms apply only on a residual basis and in accordance with the provisions of such contracts or agreements.
The person responsible for Cosmetitrovo is:
ALIREMA S.r.l.
Corso Castelfidardo 30 / A - 10128 Turin (TO)
VAT / tax code 12400550013
Owner contact email: info@cosmetitrovo.it
INFORMATION ABOUT COSMETITROVO
Cosmetitrovo offers a search engine service for raw materials, packaging, services and performance, intended for companies in the cosmetic sector, provided through a web platform.
It allows you to search for a raw material, a packaging element, a service, listing the suppliers and distributors who deal with the raw material sought or provide the requested service. It allows you to send requests relating to the desired subject or service, to obtain answers via the platform, to trace the activities of requests and responses. It includes a management module for the organization and traceability of activities and a showcase for announcements and news available to suppliers and buyers in the sector.
The service is offered only for companies, upon registration.
The services offered are subject to a fee for suppliers, through a single subscription plan.
DEFINITIONS
Cosmetitrovo (or this Application)
The structure that allows the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not correspond to the definition of Consumer.
Buyer
Indicates any User representing a cosmetic manufacturer or commercial company looking for subcontractors; is any User who purchases goods or services from a Supplier through Cosmetitrovo regardless of whether the transaction actually takes place on Cosmetitrovo.
European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Withdrawal form
Addressed to:
ALIREMA S.r.l. Corso Castelfidardo 30 / A - 10128 Turin (TO) VAT / tax code 12400550013
info@cosmetitrovo.it
I / we hereby notify the withdrawal from my / our contract of sale of the following goods / services:
_____________________________________________ (insert here a description of the goods / services from which you intend to withdraw)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of the consumer (s): _____________________________________________
Address of the consumer (s): _____________________________________________
Date: _____________________________________________
(sign only if this form is notified on paper)
Owner (or Us)
Indicates the natural or legal person who provides Cosmetitrovo and / or offers the Service to Users.
Product
A good or service that can be searched through Cosmetitrovo, such as a tangible good, a service, software, etc. The sale of a Product can be part of the Service, as defined above.
Supplier
Indicates any User who sells goods or services to Buyers through Cosmetitrovo regardless of whether the transaction actually takes place on Cosmetitrovo.
Service
The service offered through Cosmetitrovo as described in the Terms and on Cosmetitrovo.
Terms
All the conditions applicable to the use of Cosmetitrovo and / or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version.
User (or You)
Indicates any natural person who uses Cosmetitrovo.
Contents
Indicates the information that is within the Cosmetitrovo platform and can be searched, found and viewed by users, such as a product catalog, a technical sheet, a consulting service, a service, a packaging, etc.
HOW COSMETITROVO WORKS
Research and Comparison
Through Cosmetitrovo, the User can search, find goods and services, send a request to multiple suppliers and receive answers for raw materials, packaging, consultancy, laboratory services, for the cosmetic and chemical sector. The User therefore acknowledges and accepts that such goods or services are offered and sold by third parties not connected in any way with the Owner or with Cosmetitrovo.
The appearance criteria of the searched items depend on the keywords that are typed.
The order of appearance is not controlled and manipulated behind payments or other criteria. In general, they appear at the top of the searched list:
The articles of the registered Suppliers
Supplier items that a buyer has marked as a favorite
The articles of the Suppliers that contain the keywords you are looking for
The Owner does not check, evaluate, monitor or inspect any of the Products offered by Sellers through Cosmetitrovo. The Owner is therefore exempt from any liability in relation to such Products, for example in terms of quality, safety and correctness or with regard to the Seller's suitability to supply them.
Likewise, the Owner does not check, evaluate, monitor or inspect Buyers who use Cosmetitrovo. Therefore, the Owner is not responsible for the activity of such Buyers on Cosmetitrovo, as well as, for example, for their ability to act, to complete a transaction and to bear the costs.
Cosmetitrovo acts as a technical infrastructure that allows Users to interact with each other. The Owner is therefore not directly involved in any of these interactions between Users.
These Terms govern the use of Cosmetitrovo as a platform.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of Cosmetitrovo set out in this section have general validity.
Additional conditions of use or access applicable in particular situations are expressly indicated in this document.
Cosmetitrovo can be used via the Home Page by any user, Consumers and Companies.
Registration for the service is reserved for companies in the Chemical and Cosmetic sector.
Cosmetitrovo Owners check all members and approve each profile, both Buyers and Suppliers.
To check and approve, the Owners rely on the information provided by the User, such as Name, Company, VAT number, role, searching for the correspondence of these data with reality and also asking for further information from Users who apply for registration.
The approval of the profiles is carried out with the best common sense and reasonableness, so the Owners cannot be responsible for the approval of profiles that do not correspond to the Users of the service, if they have provided partial or untrue information.
Registration
To use the Service, the User must open an account indicating all the data and information requested in a complete and truthful manner:
Name and surname
Agency
VAT number
Company mail
Company position / title
Company telephone
It is not possible to use the Service without opening a User account.
It is the responsibility of the Users to keep their login credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on Cosmetitrovo.
By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials. Users are required to inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disseminated or subtracted.
Type of Users
On Cosmetitrovo there are two types of Users: Buyers and Suppliers.
The Buyers are the Cosmetic Manufacturing Companies or Commercial Companies looking for third party productions or services
Suppliers are companies that propose and supply raw materials, packaging, consultancy, services for the Chemical and Cosmetic Industry
Registration requirements
The registration of a User account on Cosmetitrovo is subject to the following conditions:
the User represents a Company or a Freelancer in the Chemical or Cosmetic sector;
the email used for registration is business and not personal.
The opening of accounts through bots or other automated means is not allowed.
Account closure
Users can close their account and cease using the Service by writing to info@cosmetitrovo.it. The account will be closed within a reasonable time.
However, the closure of the User account will be suspended until the expiry of any paid subscription services purchased by the User.
Account suspension and cancellation
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.
Content to Cosmetitrovo
Unless otherwise specified or clearly recognizable, all the contents available on Cosmetitrovo are owned by or provided by the Owner.
The Owner takes the utmost care so that the content available on Cosmetitrovo does not violate the applicable legislation or the rights of third parties. However, this is not always possible.
In such cases, without any prejudice to the rights and legally exercisable claims, Users are requested to address the related complaints to the addresses specified in this document.
Rights on Cosmetitrovo content
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusions, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / alienate to third parties or create works derived from the content available on Cosmetitrovo, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
The limitations and exclusions provided for by copyright law remain unaffected.
Contents of Suppliers
The Owner allows Suppliers to upload, share or offer their products and content on Cosmetitrovo.
When providing content to Cosmetitrovo, the User declares that he is legally authorized to do so and confirms that said contents do not violate the law and / or the rights of third parties.
The User acknowledges and accepts that by providing its own contents to Cosmetitrovo irrevocably and free of charge, the non-exclusive right, valid all over the world and perpetual (i.e. for the duration of legal protection), to use, access, archive, reproduce, modify, disseminate, publish, transform into derivative works, transmit (including streaming) or otherwise exploit the contents to provide and promote the Service in any form or media channel. This right may be transferred or licensed to third parties.
Within the limits of the law, the User renounces the exercise of moral rights in relation to the content provided to Cosmetitrovo.
Users acknowledge and accept that the contents offered by them through Cosmetitrovo will be made available under the same conditions applicable to the contents of Cosmetitrovo.
Liability for the content provided
The User is solely responsible for the content uploaded, published, shared or otherwise provided to Cosmetitrovo. The User acknowledges and accepts that the Owner does not filter or moderate such content.
Nonetheless, the Owner reserves the right to remove, delete, block or rectify said content at its discretion and to deny the User who uploaded them access to Cosmetitrovo without prior notice:
if it has been received a complaint in relation to this content;
if it has received a notification of infringement of intellectual property rights;
by order of the Authority; or
if it has been pointed out to the Owner that such contents, if accessible through Cosmetitrovo, may represent a risk for Users, for third parties or for the availability of the Service.
The removal, cancellation, blocking or rectification of the contents does not justify any claim for compensation, reimbursement or indemnification by the Users who have provided such contents.
Users agree to keep the Owner harmless from and against any claim and / or damage suffered due to content provided by them to or offered through Cosmetitrovo.
Accessibility of the contents provided
The contents provided to Cosmetitrovo by Suppliers are made available to Users registered as Buyers.
Private content
The confidential content provided by the User remains private and will not be shared with third parties or with the Owner without the express consent of the User.
Permitted use
Cosmetitrovo and the Service may be used only for the purposes for which they are offered, according to these Terms and in accordance with the applicable law.
It is the User's sole responsibility to ensure that the use of Cosmetitrovo and / or the Service does not violate the law, regulations or rights of third parties.
Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to Cosmetitrovo or the Service, terminate contracts, report any reprehensible activity carried out through Cosmetitrovo or the Service to the competent authorities - ex. the judicial or administrative authority - whenever there is a suspicion that the User violates the law, regulations, third party rights and / or the Terms, in particular, but without exclusions, by implementing one of the following activities:
Rules of conduct
pretend to satisfy any requirement for access to Cosmetitrovo or for use of the Service, such as, for example, being of majority age, the status of Consumer, the status of Buyer and Supplier;
hide their identity, use the identity of others or pretend to act in the name of a third party, if not authorized by that third party;
test, analyze or test the vulnerability of Cosmetitrovo, the services and networks connected to the site, violate the security or authentication procedures on Cosmetitrovo, the services and networks connected to Cosmetitrovo;
install, integrate, upload or otherwise embed malware in or through Cosmetitrovo;
use Cosmetitrovo or its technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: for the purpose of spam);
groped to break up or tamper with the technological infrastructure in such a way as to cause damage or an excessive burden to Cosmetitrovo or the Service;
offer through Cosmetitrovo Products whose sale is prohibited by law or which are not currently available (eg due to stock exhaustion).
Content rules
disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
use Cosmetitrovo to publish, disseminate or otherwise offer content protected by intellectual property legislation, including, but not limited to, patents, trademarks and copyrights, without the authorization of the owner of the rights;
publish content or carry out activities that disrupt, interrupt, damage or otherwise violate the integrity of Cosmetitrovo or the devices of other Users. These activities include: spamming, the illegal dissemination of advertising, phishing, fraud against third parties, the spread of malware or viruses etc.;
publish or disseminate in any other way false, incorrect, misleading, defamatory or offensive content in relation to Products offered on Cosmetitrovo;
User protection
misuse another user's account;
show up with a Buyer account when representing a Supplier;
collect or extract personal and identifying information of other Users, including, without exception, e-mail addresses or contact details, violating the confidentiality settings of the accounts of other Users on Cosmetitrovo or in any other way;
collect or extract information uploaded to Cosmetitrovo by Suppliers, and use them in violation of the rules of free competition.
Software license
Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to Cosmetitrovo is held by the Owner and / or its licensor.
Provided that the User complies with these Terms and despite any diverging provision contained therein, the Owner grants Users a revocable, non-exclusive, non-transferable or non-assignable license to use the software and / or technology integrated into the Service within the framework and for the purposes of Cosmetitrovo and the Service offered.
The license does not include any right of access to use or disclosure of the original source code to the User. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
The granting of rights and licenses to the User ceases with immediate effects in the event of termination or expiration of the Agreement.
TERMS AND CONDITIONS OF SALE
Users registered as Buyers use the service free of charge.
Users registered as Suppliers use the paid service in the form of a periodic subscription.
For suppliers, on Cosmetitrovo there is a single plan that allows access to all services:
unlimited article uploads;
unlimited creation of administrators and agents;
ability to respond to requests;
possibility to publish news visible to Buyers;
ability to fill in a company page, with a description of the activity, link to your site;
possibility to select the supply categories and to be searched for by the Buyers;
access to a monthly and weekly research report in your private area.
Over time, services may be added, which remain within the single subscription plan, unless otherwise specified and communicated to Users.
The subscription plan and the costs can be viewed on the page https://www.cosmetitrovo.it/piani and what is reported there has priority over what is indicated in these Terms and Conditions
Purchase procedure
Each phase, from registration, use of the free trial, the choice of the plan to the placing of the order, is part of the purchase procedure.
Sending the order
Order means the registration of a subscription plan among those proposed by the platform.
Sending the order involves the following:
The sending of the order by the User determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
Once the order has been sent, a confirmation of receipt of the order will be sent to the Users.
Suppliers can view their orders and transactions in the special reserved area.
Prices
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
The prices of the plans are indicated at the link https://www.cosmetitrovo.it/piani
Means of payment
The details of the accepted means of payment are highlighted during the purchase procedure.
Cosmetitrovo uses the Stripe payment system, a third party service. Cosmetitrovo does not collect any payment information - such as credit card data - but receives a notification from the third party provider concerned when the payment is successfully completed.
In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions arising from the failed or refused payment are the responsibility of the User.
Reservation of rights of use
Until the payment of the full purchase price is received by the Owner, the User does not purchase the rights to use the Service.
Duration of the contract
Subscriptions
Thanks to the subscription, the Supplier User can use the Service for a certain period of time, depending on the plan chosen from 3, 6 or 12 months.
Paid subscriptions start on the day the Owner receives the payment.
To keep the subscription active, the User is required to pay the periodic fee requested promptly. Otherwise, the service may be interrupted.
User rights
Right of withdrawal
The User can enjoy the right of withdrawal within 14 days of purchasing the plan.
Withdrawals after 14 days will be evaluated according to the needs of the Users and may not be accepted.
To exercise the Right of Withdrawal, a communication must be sent to the address info@cosmetitrovo according to the standard form shown in these Terms.
Effects of withdrawal
The Owner reimburses the payment received for the chosen subscription plan, unless the amount already used by the User, normally proportional to the time in which the User was active.
The fee will be calculated on the basis of the contractually agreed price and will be proportional to the part of the service provided until the moment in which the User exercises the withdrawal with respect to the entire service provided for in the contract.
The reimbursement takes place within a reasonable time, approximately within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. If this does not happen, the User is requested to contact the Service Owner again.
Exceptions to the right of withdrawal
There is no right of withdrawal from Service supply contracts after the Service has been completely performed, when the execution has begun with the express consent of the User and with the acceptance of losing the right of withdrawal following the complete execution of the contract;
LIMITATION OF LIABILITY AND INDEMNITY
Indemnify
The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or claim - including, without limitation, legal fees and expenses - advanced by third parties to due to or in connection with culpable conduct such as use or connection to the service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, joint owners of the brand, partners and employees, to the extent required by law.
Limitation of liability for the User's activities on Cosmetitrovo
Users acknowledge and accept that the Owner is limited to providing Users with the technical infrastructure and features available on Cosmetitrovo.
The Owner does not intervene in any way as an intermediary, moderator or promoter in the interactions, agreements or transactions between Users and therefore declines any responsibility for such interactions between Users, and for the fulfillment of any obligations by the Users.
In particular, Users acknowledge and accept that the Owner is not involved in sales and purchases by Users who act respectively as Suppliers or Buyers on Cosmetitrovo.
Therefore, Suppliers and Buyers are exclusively responsible for the offer and purchase through Cosmetitrovo and the resulting obligations, respectively.
In particular, the Data Controller declines all responsibility in relation to:
any pre-contractual declaration, promise or description of the Products offered through / through Cosmetitrovo;
the existence of licenses, authorizations, ratings or other official permits that may be required by applicable law, which allow Suppliers to offer specific goods or services;
the suitability of the Purchasers to purchase (for example in terms of age, solvency, business affiliation, etc.), as required by applicable law;
any obligation assumed by Users on Cosmetitrovo, including, but not limited to, the guarantees of conformity and product safety;
any claim based on the failure, partial or incorrect execution of binding agreements stipulated on Cosmetitrovo
Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded.
In particular, within the limits indicated above, the Data Controller assumes no responsibility for:
any loss of earnings or other losses, even indirect, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenues, profits or estimated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
damages or losses deriving from interruptions or malfunctions of Cosmetitrovo due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, breakdowns or interruptions of the lines telephone or electrical connections, Internet connections and / or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties;
any losses that are not a direct consequence of a breach of the Terms by the Owner;
damage, prejudice or loss due to viruses or other malware contained or connected to files downloadable from the Internet or through Cosmetitrovo. Users are responsible for adopting adequate security measures - such as antivirus - and firewalls to prevent any infections or attacks and to protect backup copies of all data and / or information exchanged or uploaded to Cosmetitrovo.
In the event of the Controller's responsibility, the compensation due cannot exceed the total amount of payments that have been, will or could be contractually due to the Controller by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.
COMMON PROVISIONS
No implied disclaimer
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
Interruption of the Service
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit Cosmetitrovo or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Privacy policy
Information on the processing of Personal Data is contained in the Cosmetitrovo privacy policy.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to Cosmetitrovo are held exclusively by the Owner or by its licensors and are protected by pursuant to the legislation and international treaties applicable to intellectual property.
All trademarks - word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with Cosmetitrovo are and remain the exclusive property of the Owner or its licensors and are protected under the law and international treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to change the Terms at any time. In this case, the Owner will inform Users of the changes via email.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.
If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will come into force.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose of, renovate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of Cosmetitrovo must be sent to the address info@cosmetitrovo.it.
Safeguard clause
If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.
European users
Should a provision of these Terms be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing the null, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not lead to nullity of the entire Agreement, unless the provisions that are void, invalid or ineffective under the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.
Jurisdiction
The exclusive competence to know any dispute deriving from or in connection with the Terms rests with the judge of the place where the Data Controller is established, as indicated in the relevant section of this document.
DISPUTE RESOLUTION
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
Although the right of Users to take legal action remains unaffected, in the event of disputes relating to the use of Cosmetitrovo or the Service, Users are requested to contact the Owner at the addresses indicated in this document.
The User can address a complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 30 days of its receipt.
Last modification: January the 11th, 2022