ITALIANO
Terms of Use
This website www.wakeup-cosmetics.com (the “Website”) is operated by Wake Up S.r.l. (“WAKEUP”) with registered office in Milan, Piazza Quattro Novembre 4, VAT number n. 09178910965, Trade Registry n._MI 207 4283, Phone Number +39 340 384 6904, Email: contact form.
Please read these terms and conditions of use (the “Terms of Use”, or “TOU”) carefully before using this Website.
Using this Website means that you accept these terms regardless of whether or not you choose to register with WAKEUP. If you do not accept these terms, do not use this Website.
WAKEUP provides an e-commerce website where you can directly buy on line WAKEUP’s products (following the instructions set out at www.wakeup-cosmetics.com/faq/ section) such as makeup, skin care, nails products, fragrancies, and accessories, and a specific section on its Website where you can directly upload content (“Content”) concerning your experience with WAKEUP and your way to intend cosmetic, to share them with other users or visitors of the Website,
These following terms of use govern your use of the Website and your interaction with it.
1. Scope of application of the Terms of Use
1.1. By accessing and using the Website on any computer, mobile phone, tablet, console, or other device, you explicitly acknowledge and recognize that you have read, understood and you explicitly agree to comply with these Terms of Use.
1.2. WAKEUP may amend these Terms of Use and the features of the Website at any time without notice. WAKEUP shall notify any changes on its Website, and said changes shall be considered as accepted if the user keep on using it after notice..
2. Registration procedure and Content uploading
2.1. For the registration to the Website you shall be required to create a personal account (the "Account") by providing your email address and choosing a nickname and a password. All data collected by WAKEUP during your registration procedure and creation of your Account (except for the nickname) will not be visible to other users of the Website in anyway.In case a user does not wish to register to the Website, the user will be able to make the purchase anyway; however, in that case the user will not be able to check the order delivery status or take advantage of discounts and promotions.
2.2. Registration is exclusively reserved for users who have reached eighteen (18) years; registration by minors constitutes a violation of these Terms of Use. By using the Website you confirm and warrant that you are at least 18 years of age.
2.3. You agree to provide accurate and current information about yourself in all registration forms.
2.4. The confidentiality of the access information and the control over the accesses to the Account is solely and entirely the user's responsibility. The user will be the sole responsible for all activities carried out through the Account (including, but not limited to, any purchase of products and the upload of Contents), unless the user promptly signals to WAKEUP unauthorized use of the Account by third parties.
2.5. Once you have created your Account, you can upload the Contents on the Website.
2.6. User Content can be uploaded on the Website following the instructions set out on WAKEUP website in the www.wakeup-cosmetics.com section.
3. Privacy
3.1. Please carefully read WAKEUP Privacy and cookie Policy at the following link .. www.wakeup-cosmetics.com/privacy-policy-cookie-restriction-mode/. For any information regarding the processing of your personal data in connection with your access to and your interaction with, the Website.
4. Content
4.1. You are the only responsible for all Content that you upload (e.g., images, sounds, text and other things embodied therein) on the Website.
4.2. When you upload Content, you grant to all users accessing the Website the possibility to watch such content and associate your nickname to the same.
4.3. If you wish to remove Content that you have contributed to the Website, you may contact us through the contact form. Content is usually removed from the Website within an hour after a removal request is made.
4.4. Your Content shall not be regarded as confidential or proprietary. WAKEUP shall be free to copy, disclose, distribute, incorporate and otherwise use such Content. By uploading any Content on the Website you explicitly grant (and warrant that you have the right to grant), WAKEUP a worldwide, perpetual, free, irrevocable, transferable license to use on a non-exclusive basis (you remain free to use the Content as you prefer for your own purposes) any such Content uploaded on the Website, by any means, whether now existing or to be devised in the future, on WAKEUP website and/or in stores (including, for instance, the reproduction of the Content on the screens installed inside and /or outside the stores, or on the exhibitors of products) and/or on sector magazines (e.g. for PR and Press activities) for the promotion of the brand on the Website, also associating the Content with the image of products on sale on WAKEUP website and/or in stores, without thereby being entitled to payment of any fee or royalty. The same is extended also to any rights related to your image in case you are depicted in the Content, provided that by uploading voluntarily your image you are providing WAKEUP with your consent under data protection applicable rules also with regard to the use of such specific personal data (please read WAKEUP Privacy and cookie Policy at the following link: www.wakeup-cosmetics.com/privacy-policy-cookie-restriction-mode/ for more information) .
4.5. You explicitly agree not to use the Website for any illegal, deceptive, discriminatory or reprehensible purposes; in particular you agree:
- Not to upload unauthorized commercial communications (such as spam) on the Website;
- Not to upload Content for which you have not obtained all necessary licenses and/or approvals;
- Not to upload disparaging, harassing or intimidating Content;
Not to upload Content having a threatening, pornographic, or violent character, or containing hate speech, or encouraging violence, or displaying nudity or violence;
- not to upload Content which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party;
- Not to upload viruses or other malicious code;
- Not to try to get login information or access to other users' accounts;
- Not to take actions that could impede, overburden, or impair the proper functioning of the Website;
Not to facilitate or encourage any violation of the Terms of Use or other applicable regulations.4.6. Any comment or suggestion shall be freely used by WAKEUP which shall have no obligation to pay any compensation for them.
5. Hyperlinks
5.1. Anyone who intends to activate a hyperlink to the Website must contact and obtain a written permission from WAKEUP. WAKEUP is not responsible for the products and services contained in the websites linking to WAKEUP Website.
WAKEUP can provide links to other websites for information purposes only and does not, or is not required to exercise, any form of control and declines any liability for any direct, indirect or consequential damages, claims or losses arising from consultation, vision and / or operation of the services achieved through the abovementioned links provided.
6. Protection of third party rights
6.1. WAKEUP respects third party rights and expects you to do the same. You shall not post Contents that infringe third party rights, including intellectual and industrial property rights and laws.
6.2. In particular, you shall not publish personal information, nor collect or request personal information from other users nor send emails or other unsolicited communications. You shall not collect, use or post on the Website private information of other people without their expressed consent or for unlawful purposes.
7. Exclusion or limitation of liability
7.1. The use of the Website shall be under your responsibility. You should not start or stop using it if this could cause injury to yourself and/or third parties.
7.2. WAKEUP could preselect the Content posted by the user at its sole discretion. Notwithstanding that, WAKEUP cannot guarantee that any inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise unsuitable Content will not be published on the Website. As far as permitted by the applicable laws, WAKEUP does not assume any responsibility or liability for the Contents and/or the activities carried out by users on the Website. WAKEUP is not responsible for user’s Content or other Content posted by third parties on the Website, nor for any Content that is offensive, illegal or unsuitable that you may find on your Website or through it.
7.3. WAKEUP reserves the right to accept or refuse all or part of the Content at its sole discretion, without assuming any obligation toward the User. In particular, WAKEUP undertakes no obligation to publish Content, deciding whether to post them on the Website or not at its sole absolute discretion.
7.4. WAKEUP shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond WAKEUP’s control.
WAKEUP does not provide any guarantee as to the error-free or uninterrupted use of the Website, the correction of any defects and/or the absence of viruses and/or other malicious content.
8. Indemnification
8.1. You agree to indemnify and hold WAKEUP harmless against all claims, losses, liabilities, expenses, damages and costs, including (but not limited to) attorneys’ fees arising out of any Content posted by you, your use of the Website and any other behavior in violation of these Terms of Use, laws or rights of third parties.
9. Complaints
9.1. If you believe that Contents are published improperly and/or infringe your industrial and intellectual property rights, you shall report it to WAKEUP by sending an email through the contact form, providing your personal information, describing the alleged infringement and indicating the material object of the complaint.
10. Intellectual Property Rights
10.1. All Intellectual Property Rights on the Website (except for users’ Contents) belong to WAKEUP and to his assignees and include materials protected by laws on copyright, trademarks, invention and models. All rights are reserved. Photographs, texts, advertisements, images, animated sound sequences and in general any and all data, information or material made available on the Website, as well as the design, graphic design, technological and operational setting of the Website, are owned by WAKEUP or third parties that have authorized WAKEUP to use them. The user expressly acknowledges to WAKEUP the ownership of Intellectual Property and / or Industrial Property Rights and therefore undertakes to use such materials only and exclusively within the limits and under the conditions of this Terms of Use.
10.2. You shall not use any of WAKEUP trademarks, logos, symbols, commercial names, text or other contents protected by intellectual property laws, without WAKEUP written consent.
11. Account deactivation and Content removal
11.1. WAKEUP reserves the right, at its sole discretion, to deactivate your Account, to remove any Content and to limit your use of the Website for any reasons, without notice and without liability to you and third parties.
11.3. The Terms of Use shall be valid even after WAKEUP deactivated your Account.
12. Miscellaneous
12.1. The Terms of Use, any matter related to privacy, the use of the Website and any possible disputes between you and WAKEUP shall be governed by Italian law and subject to the exclusive jurisdiction of the Italian Courts competent for the place where the user has his/her residence or domicile.
12.2. Any failure by WAKEUP to enforce any portion of the Terms of Use shall not constitute a waiver of any right or power granted to WAKEUP by the law or under the Terms of Use.
12.3. The Terms of Use shall prevail over any possible usage and/or practices in place between you and WAKEUP.
12.4. WAKEUP shall be free to assign or transfer its rights and obligations under the Terms of Use to any third party.
12.5. The invalidity or unenforceability of any provision(s) of the Terms of Use shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.
Under Sections 1341 and 1342 of the Italian Civil Code and under Sections 33 et seq. of the D. lgs. 206/2005 (the “Italian Consumer Law”), I hereby confirm that I have read, fully understood and explicitly agree with the above Terms of Use.