General Terms and Conditions of Use
accessing http://Astellan Fragrances .com (the "Website ") and/or using its features. By accessing this Website, you accept these Terms and Conditions of Use in full. If you do not intend to accept these Terms and Conditions of Use, please do not access this Website.
1. Introduction
1.1 This website is owned by ASTELLAN Fragrances Ltd. London , whose registered office is at 38 Grosvenor Street, Mayfair, London W1K 4AQ, United Kingdom , VAT number: 00788550960, Tax number: 04719670152 (“ ASTELLAN Fragrances ”).
These general terms and conditions of use (“Terms and Conditions of Use”) govern the browsing and use of the services offered on this website by the user (“User”).
1.2 Connecting to this Website, accessing it and, in any case, performing any action involving browsing its pages, constitutes the User's full and unreserved acceptance of all the provisions of these Terms and Conditions of Use.
1.3 These Terms and Conditions may be modified and/or updated in whole or in part over time without prior notice, but it is understood that: (i) such modifications shall take effect from the date of their publication on this Website, as indicated in the title of the Terms and Conditions of Use, and (ii) such modifications shall apply only to access and/or use of the Website after the aforementioned publication date.
1.4 Your use and browsing of the Website after the date these changes are posted will constitute acceptance of the Terms and Conditions of Use as modified.
1.5 Users are therefore requested to visit this section regularly to check the posting of the latest and most up-to-date Terms and Conditions on the Website.
1.6 By registering on the Website and creating a personal account ("Customer Account" or "User Account"), or by purchasing a Product, as well as by browsing the Website and using its Services, the User declares to have read and expressly accepted these Terms and Conditions of Use.
2. Browsing - Website Registration
2.1 Browsing the Website is free of charge. Users are free to browse and interact with the Website without registering and creating a personal account. In any case, ASTELLAN Fragrances may from time to time request that Users provide specific consent for the processing of their personal data and/or the use of cookies or other similar devices.
2.2 Creation of a Customer Account is free of charge. To create a Customer Account by registering on the Website, the User must fill in a specific registration form, enter the data requested therein and complete the registration process by clicking on the “Register” button (“Registered User”).
2.3 The request to create a User account and register on the Website allows the User, among other things, to: (i) save and modify their personal data; (ii) access all pre-contractual information; (iii) manage and update their data at any time; and (iv) use any dedicated services, such as specific promotions related to the Loyalty Program.
2.4 By registering on the Website, the User agrees to provide true, accurate, current and complete personal information as requested in the registration form (the "Registration Data") and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
2.5 Registered Users (i) will provide a password and an email address; (ii) will receive an email confirmation of account creation upon completion of the registration process; and (iii) must keep their Website registration credentials confidential and agree to be fully responsible for all activities carried out using such credentials to the extent permitted by law.
To this end, Registered Users agree to store their registration credentials (email address and password) with the utmost care. These authentication credentials are personal and must not be disclosed to third parties. Users agree to keep them confidential and ensure that no third party has access to them and agree to immediately notify ASTELLAN Fragrances at the above address in the event of loss, theft or improper use of Website authentication credentials .
2.6 Guest Users (“Guest Users”) are users who: (i) browse the Website and/or place orders without first creating a user account; all provisions of these General Terms and Conditions of Use shall apply to Guest Users unless expressly waived. To register, Guest Users must create a personal account on the registration page. Please note that if a User completes an order without first creating a personal account and/or completes an order without first logging into that account despite having a personal account, the purchase will be considered a “Guest User” and will not be associated with any personal account.
2.7 The User agrees that ASTELLAN Fragrances shall not be held responsible and shall be exempted from any liability for any damages, costs, expenses, compensation obligations and/or sanctions arising from and/or related to the User’s violation of the Website registration and/or registration credentials storage rules mentioned in these Terms and Conditions of Use.
2.8 It is hereby clarified that, unless otherwise specified, the terms and “User” used in these Terms and Conditions of Use refer to both Registered Users and Guest Users.
3. Industrial and Intellectual Property
3.1 Website users should note that all content published or made available through the Website in the form of texts, articles, photographs, drawings, animations, audio or video recordings, icons, buttons, diagrams and tables, graphic representations, as well as trademarks, logos, other signs (including the Website’s domain name) regardless of the form, color or size presented on the Website, are the property of ASTELLAN Fragrances and/or its assigns and/or their respective legal owners and licensees and are protected by applicable national and other laws, in particular those concerning industrial and/or intellectual property.
3.2 Any type of software used in the Website and/or running the Website is protected by copyright and its use is prohibited without prior written consent from the owner and holder of the exclusive rights of use.
3.3 Unless otherwise agreed, the Website’s content and information about the “ASTELLAN Fragrances” brand and related cosmetics may only be used for personal and non-commercial purposes.
3.4 In particular, the reproduction, use, excerpt, copy, display, adaptation, modification, merger, translation, commercialization, partial or total publication of one or more of the aforementioned contents and elements in any manner or form using any medium, channel or medium (paper, computer, online) is prohibited without the prior written authorization of the respective legal owner, within the limits provided by the law.
3.5 Finally, the Website Contents may not be used for commercial purposes to create any type of database, nor may they be stored (in whole or in part) in existing databases, whether exclusively accessible by the creator or made available to third parties.
4. Personal Data
Any personal information or general personal data provided by the User will be processed for the purposes and in the manner detailed in the Privacy Policy, which contains information on the processing of personal data in accordance with EU Regulation 2016/679 (General Data Protection Regulation).
5. Cookies
5.1 Cookies are short texts that a website sends to the User's browser and subsequently stored on the User's personal computer or other device. The purpose of cookies is to record the browsing data of users on a website and to provide personalized information so that the website administrator's server can recognize the user.
5.2 For more information on the Website’s use of Cookies, please read the Cookie Policy on this Website carefully.
6. Links to other websites
6.1 The Website may also contain links to third-party websites. The sole function of hypertext links is to facilitate navigation for the User and no relationship exists between the content of the Website and the content of the third-party websites visited, which are outside the jurisdiction of ASTELLAN Fragrances.
Furthermore, ASTELLAN Fragrances informs you that it cannot in any way influence the structure of third-party websites linked to its own, nor the truth, correctness or adequacy of the materials and/or information contained therein, even if there is a business relationship between ASTELLAN Fragrances and third-party owners of the linked websites.
6.2 The creation of links to the Website requires the prior written authorization of ASTELLAN Fragrances. Links to the homepage of the Website or to its internal and/or auxiliary pages in order to create so-called “deep links”, nor the framing of the Website content in other websites, may not be created in any way without prior written authorization.
6.3 Any violation of the preceding paragraphs constitutes an act punishable by unfair competition under the relevant provisions of Italian law.
7. Newsletter
7.1 The “ ASTELLAN Fragrances ” newsletter is free of charge and can be activated by any User simply by entering their email address in the registration form of the Website.
The newsletter will contain beauty and makeup tips and information about “ ASTELLAN Fragrances ” brand cosmetics.
7.2 The frequency of sending the newsletter is determined by ASTELLAN Fragrances . Therefore, ASTELLAN Fragrances reserves the right to change the frequency of the newsletter at any time and/or to interrupt the service permanently or on certain days and/or times of the year (such as holidays or summer).
7.3 Users who have subscribed to the service may deactivate the service at any time by following the instructions at the bottom of the email containing the newsletter.
8. Security
8.1 The User agrees to use the Website in accordance with these Terms and Conditions of Use and the legislation applicable from time to time and not to make any changes that would impair the operation of the Website or any server or service connected to it.
8.2 The User is not entitled to use the Website in a way that could damage, block, overburden or, in any case, even harm the server on which the Website is located or the network connected to it.
8.3 When using the Website or any server or service accessed through the Website, the User agrees to:
comply with the national, EU and international laws and/or regulations currently applicable, as well as the rights of third parties. Not to damage
the reputation of
ASTELLAN Fragrances or other users for any reason or in any form . 8.4 The User shall be solely responsible for any damage caused by a violation of the provisions set out in these Terms and Conditions of Use and agrees to indemnify and hold ASTELLAN Fragrances harmless from any damage, loss, liability or expense (including legal costs in connection with any action taken by a third party against the latter) arising or resulting from such a violation, in particular damage resulting from an infringement of personal rights, intellectual and/or industrial property rights, public order, public morality or criminal provisions of national and/or international law in force.
9. Limitation of Liability
9.1 Given the nature and inherent characteristics of the Internet, no guarantee can be given as to the uninterrupted or error-free operation of the Website and/or the services provided thereon, nor as to the consequences that may arise from the use of the Website and/or the services, or as to the accuracy or reliability of the content and information provided through the Website.
9.2The Website is provided on an as-is basis. Its functionality depends on the User's proper use in accordance with these Terms and Conditions of Use.
9.3 Unless otherwise provided by applicable law, ASTELLAN Fragrances shall not be liable for any direct, consequential, incidental, indirect or any other damages, including, but not limited to, damages for loss of business profits, business interruption, computer breakdown, damage to hardware or software, loss of information or data or any other damages suffered by the User in the course of the use of the Website.
10. Suspension or interruption of access
10.1 The Website Operator reserves the right and/or authority to restrict or suspend the User's access to the Website, temporarily or permanently, at any time, if the User breaches these Terms and Conditions of Use, without prejudice to any right or remedy of
ASTELLAN Fragrances . Applicable Law
These Terms and Conditions shall be exclusively governed by and construed in accordance with Italian law.