Terms and Conditions

1. Introduction


This document outlines the terms and conditions governing the use of this Website (https://www.germainedecapuccini.com/in) and the purchase of products through it (hereinafter, the “Terms”), regardless of the application, digital medium, platform or device used to access it. Please read these Terms, along with our Privacy and Cookie Policy (“Privacy Policy” and “Cookie Policy”), carefully before using this website. By using this Website or placing an order through it, you agree to be bound by these Terms and our Privacy and Cookie Policy. If you do not agree with all of these Terms and the Privacy and Cookie Policy, you should refrain from using this Website.

If you have any questions regarding the Terms or the Privacy and Cookie Policy, please contact us through our provided communication channels.
 

3. Use of the Website


The use of this Website must comply with the provisions set out in these Terms of Use. By accessing the Website, any User browsing the Site acknowledges that they have read and unconditionally accepted these Terms of Use.


www.germainedecapuccini.com/in The Website offers access to a broad range of information and services belonging to GERMAINE DE CAPUCCINI. The User assumes responsibility for their use of the Website, including any registrations required to access certain services or content. In these registrations, the User is responsible for providing accurate and lawful information. The User agrees to make appropriate use of the content and services that GERMAINE DE CAPUCCINI offers through its Website and, by way of example but not limitation, agrees not to use them for the following purposes: (I) engaging in unlawful, illegal or activities contrary to good faith and public order; (II) disseminating content or propaganda of a racist, xenophobic, pornographic-illegal nature, or that promotes terrorism or violates human rights; (III) causing damage to the physical and logical systems of GERMAINE DE CAPUCCINI, its suppliers or third parties, including introducing or spreading computer viruses or any other physical or logical systems capable of causing the aforementioned damage; (IV) attempting to access and, where applicable, use the email accounts of other users, as well as modifying or manipulating their messages. GERMAINE DE CAPUCCINI reserves the right to remove any comments or contributions that violate respect for human dignity, are discriminatory, xenophobic, racist, pornographic, threaten youth or childhood, public order or safety, or that, in its judgement, are not suitable for publication due to being unrelated to the website’s purpose. In any case, GERMAINE DE CAPUCCINI, as the administrator of its Website, will act diligently as soon as it becomes aware of any acts committed in violation of these Terms of Use or its Privacy Policy.


The materials provided on this Website should not, under any circumstances, be considered a substitute for professional cosmetic advice or any other professional guidance. Therefore, Users should not act based solely on the information provided here without first consulting the relevant professional or specialist.


5. Industrial and Intellectual Property
 

The entire content of this Website (including logos, images, sounds, photographs, videos, colour schemes, etc.) is protected by intellectual and/or industrial property rights owned by GERMAINE DE CAPUCCINI or its licensors, which must always be respected by all Users.


The reproduction, transformation, storage, distribution, public communication or any other form of exploitation of all or part of the content on this Website by any means is expressly prohibited. Such acts of exploitation may only be carried out with the express written authorisation of GERMAINE DE CAPUCCINI, and if granted, reference must always be made to GERMAINE DE CAPUCCINI’s ownership of the relevant intellectual or industrial property rights.


6. Viruses, Hacking and Other Cyber Attacks


Users must not misuse this Website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging software or material. You must not attempt to gain unauthorised access to this Website, the server on which it is hosted, or any server, computer or database connected to our Website. Users agree not to attack this Website through a denial-of-service attack or a distributed denial-of-service attack.


Failure to comply with this clause may result in the commission of offences under applicable law. We will report any such breach to the relevant authorities and cooperate with them to identify the attacker. Furthermore, in the event of a breach of this clause, your authorisation to use this Website will immediately be revoked.


We will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging software or material that may affect your computer, IT equipment, data or materials as a result of using this Website or downloading content from it or from any sites to which it redirects.


7. Links From Our Website


Websites linked from our site are not under the control of GERMAINE DE CAPUCCINI. GERMAINE DE CAPUCCINI is not responsible for the content of any linked site, any link contained within a linked site or any changes or updates to such Websites. GERMAINE DE CAPUCCINI provides these links for Users’ convenience only, and the inclusion of any link does not imply endorsement of the Website by GERMAINE DE CAPUCCINI.


8. Communications in Writing


Applicable regulations require that some of the information or communications we send to you be in writing. By using this Website, you agree that most of these communications with us will be electronic. We will contact you by email or social media, and the processing of User data will be in accordance with this Website’s Privacy Policy.


We will provide information by posting notices on this Website. For contractual purposes, you consent to using this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we provide to you electronically comply with the legal requirement to be in writing. This condition does not affect your statutory rights.


9. Notifications


Notifications you send to us must be made through the channels indicated on the Website. In accordance with our Privacy Policy, and unless otherwise stipulated, we may send communications to you either by email or to the postal address you provided when placing an order.


It will be understood that notifications have been received and properly made as soon as they are posted on our Website, 24 hours after an email has been sent, or three days after the postmark date of any letter. To prove that a notification has been made, it will be sufficient to show, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or a postbox; and, in the case of an email, that it was sent to the recipient’s specified email address.


10. Assignment of Rights and Obligations


This contract is binding on both the User and us, as well as our respective successors, assignees and transferees. The User may not transfer, assign, charge or otherwise dispose of a contract or any of the rights or obligations arising from it without our prior written consent.


We may transfer, assign, charge, subcontract or otherwise dispose of a contract or any of the rights or obligations arising from it at any time during its term. For the avoidance of doubt, such transfers, assignments, charges or other dispositions will not affect the rights the User, as a consumer, may have under the law, nor will they cancel, reduce or limit in any way the warranties, whether express or implied, that we may have granted.


11. Events Beyond Our Control


We will not be liable for any failure or delay in fulfilling any of our obligations if such failure or delay is caused by events beyond our reasonable control (“Force Majeure”).


Force Majeure includes any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including but not limited to:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or the threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, aircraft, motor transport or other means of public or private transport.
  • Impossibility of using public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.


It is understood that our obligations will be suspended for the duration of the Force Majeure event, and we will be granted an extension of time to fulfil those obligations equal to the duration of the Force Majeure. We will use all reasonable means to bring the Force Majeure event to an end or to find a solution that allows us to fulfil our obligations despite the Force Majeure.


12. Waiver


Our failure to enforce strict performance of any of your obligations under a contract or these Terms, or our failure to exercise any rights or actions to which we are entitled under that contract or these Terms, shall not constitute a waiver of such rights or actions, nor shall it relieve the User from complying with such obligations.


No waiver by us of any specific right or action shall constitute a waiver of any other rights or actions arising from a contract or these Terms. No waiver by us of any of these Terms or of the rights or actions arising from a contract shall be effective unless it is expressly stated as a waiver and is communicated to you in writing in accordance with the Notifications section above.


13. Severability


If any of these Terms or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in full force and effect, unaffected by such a declaration of nullity.


14. Entire Agreement


These Terms and any documents expressly referred to herein constitute the entire agreement between the User and GERMAINE DE CAPUCCINI regarding the subject matter and supersede any prior agreements, understandings or promises made between the User and us, whether oral or written.


The User and GERMAINE DE CAPUCCINI acknowledge that they have entered into a contract without relying on any statement or promise made by the other party or that could be inferred from any statement or writing during negotiations prior to the contract, except as expressly mentioned in these Terms.


Neither you nor we shall have any action against any uncertain statement made by the other party, orally or in writing, prior to the date of a contract (unless such a statement was made fraudulently), and the only action available shall be for breach of contract in accordance with the provisions of these Terms.

15. Our Right to Modify These Terms


GERMAINE DE CAPUCCINI reserves the right to modify the Terms and Conditions of Use and Purchase of this website. The changes made will not be retroactive.

If you do not agree with the changes, we recommend that you do not use our Website.


16. Applicable Law and Jurisdiction


The law applicable to this contract shall be UK law. For any disputes that may arise in connection with this contract, the parties expressly submit to the courts and tribunals of the registered office of GERMAINE DE CAPUCCINI, waiving their own jurisdiction.

GERMAINE DE CAPUCCINI will pursue any breach of these Terms, as well as any improper use of its Website, by exercising all legal actions to which it may be entitled under the law.