GENERAL CONDITIONS OF SALE
of the website “www.budcosmetics.com”
1. Subject
1.1 The General Conditions of Sale published herein shall govern the agreement of sale (hereinafter, for the sake of brevity, the “Agreement”) to users of the website (hereinafter, for the sake of brevity, the “Purchasers” or “Purchaser”), through electronic means, of goods (hereinafter, for the sake brevity, the “Item” or “Goods”) displayed on the website www.budcosmetics.com (hereinafter, for the sake of brevity, the “Website”), managed by Bud Cosmetics 10 Sinaran Drive #01-66 Square 2 Singapore 307506 (hereinafter, for the sake of brevity, “Bud Cosmetics”).
1.2 The General Conditions of Sale published on the Website shall be viewed and acknowledged by the Purchaser prior to the purchase of an Item; by sending the purchase order, the Purchaser acknowledges having reviewed and accepted said conditions.
1.3 The sections “Shipping”, “Returns”, “Payment & Security” on the Website shall be considered to be an integral and substantial part of these General Conditions of Sale.
2. Conclusion of the Agreement
2.1 In order to purchase Goods, the Purchaser shall send their purchase order and carry out payment according to the procedures described in the relevant sections.
2.2 In particular, the steps to proceed with a purchase are as follows:
a) the Purchaser may have free access to the Website and view the main features of the displayed Goods, including their price, as well as the images published to illustrate the Goods themselves;
b) the Purchaser can select one or more Goods which he/she intends to purchase, by including them in a virtual “shopping cart”. The contents of the shopping cart can always be viewed by the Purchaser prior to placing the order; moreover, by accessing the shopping cart,
the Purchaser can find out, before buying and paying, any information related to the purchase of the Goods, including shipping charges and estimated delivery times;
c) to make the purchase, the Purchaser shall register on the site, by providing their e-mail address and choosing a password, which will allow them to access the Website;
d) as an alternative to the Website registration, the Purchaser will be able to make the purchase as a guest. In this case, the data required to complete the order will be kept in Bud Cosmetics database only for the period of time necessary for the execution of the order,
and the Purchaser will be asked to enter the same data for each new order;
e) in order to complete the order, the Purchaser shall also enter the shipping address and data required for payment in the “shopping cart” section;
f) the Purchaser may change the selected Goods and data entered up until the final submission of the order, which takes place by selecting the “Place Order” button.
2.3 The Purchaser can make payment by credit card or bank transfer. More in-depth information regarding payment methods is available in the “Payment & Security” section of the Website.
2.4 Once the purchase order has been received, Bud Cosmetics will send an order confirmation receipt to the Purchaser’s e-mail address containing a summary of the information in relation to the purchase and will proceed with the order itself. In any case, the order shall be deemed to be accepted and, consequently, the agreement shall be deemed to be concluded when the Purchaser receives the order confirmation in his/her e-mailaccount.
3. Rights and Obligations of the Parties
3.1 Bud Cosmetics will carry out the delivery of the Goods to the address provided by the Purchaser in the purchase order, using a dedicated carrier. More in-depth information regarding the shipping timeframes, costs and locations can be found in the “Shipping” section of the Website.
3.2 Bud Cosmetics assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness when filling in the purchase order by the Purchaser, or for any damage incurred by the Goods after delivery by the carrier, or for any delivery delays caused by the carrier, weather conditions, international customs issues or by other circumstances which are beyond Bud Cosmetics’s control.
3.3 In the event that one or more Goods are unavailable, Bud Cosmetics will notify the Customer by sending an e-mail to the e-mail address he/she provided at the time of registering on the Website. In this case, Bud Cosmetics will refund the Customer – by crediting the Purchaser’s payment card or account provided for purchase – for the sale price and also, where the purchase relates only to the one Item which is unavailable, the shipping costs. Subject to the Purchaser’s consent, Bud Cosmetics may send an Item other than the one ordered, of equivalent value.
3.4 Where the designers decide to make changes in the production phase and/or not to manufacture one or more products, where there is a change or where the pre-ordered product is not delivered by the designer, Bud Cosmetics shall contact the Customer to ask for his/her express consent to proceed with the shipping in any case or to cancel the order and provide a refund.
3.5 In any event, the unavailability of one or more Goods ordered shall not provide grounds for cancellation of the entire order by the Purchaser.
3.6 At the time of delivering the Goods by the carrier responsible for their transport, the Purchaser shall check, in the presence of the carrier:
a) that the packaging used to transport the Goods is undamaged and not tampered with, even only in the materials used to seal the Goods;
b) that the quantity and type of Goods ordered is as indicated in the delivery note and order.
3.7 Should the Purchaser find any irregularities or discrepancies, he/she must immediately notify the carrier upon delivery of the Goods.
3.8 The Purchaser is solely responsible for the accuracy and correctness of the information and data he/she provides to Bud Cosmetics and shall undertake to promptly notify them of any changes in the previously provided data.
4. Conformity of the Goods
4.1 Bud Cosmetics shall undertake to ensure that the description and/or photographic representation of the Goods on the Website are as faithful as possible to the Goods themselves.
However, given the fact that the image quality may depend on the IT tools used by the Purchaser, the Purchaser’s perception of the description or photographic representation of the Goods may not correspond exactly to the Goods themselves; therefore, the images and videos accompanying the presentation of the Goods must be published on the Website as a mere description.
4.2 In the event that the Goods delivered are found to be faulty or different from the Goods ordered, the Purchaser shall have the right to request, as an alternative:
a) the delivery of Goods which are identical to those ordered according to stock availability, or
b) the delivery of equivalent Goods in quality and price according to stock availability, or
c) the refund of the price of the Goods.
4.3 The guarantee provided for in this article shall apply only when the Goods have been handled with due diligence and in accordance with their intended purpose, as well as upon the Purchaser presenting the delivery note received and order number.
4.4 In any case, the guarantee referred to in this article shall not apply with regard to defects resulting from the Item’s normal wear and tear.
5. Withdrawal
5.1 In accordance with the provisions of the Consumer Code, the Purchaser is entitled to withdraw from the agreement without paying penalties and without specifying their reasons, starting from the receipt of the order confirmation sent by Bud Cosmetics and within 14 working days from receipt of the Goods.
5.2 Should he or she wish to exercise this right of withdrawal, the Purchaser shall send the relevant notification to Bud Cosmetics within said period of 14 working days from the date of delivery of the Goods.
5.3 In the case of exercising this right of withdrawal, the Purchaser is also obliged to return the Item(s) to Bud Cosmetics no later than 14 days from the sending of said notification.
5.4 More in-depth information concerning the procedure and instructions to be followed to exercise the right of withdrawal and related expenses can be found in the “Returns” section of the Website.
5.5 An essential condition to exercise the right of withdrawal will be the substantial integrity of the product being returned. It is sufficient that the Goods be returned in a normal state of preservation, being safeguarded and, where necessary, handled using normal diligence.
5.6 In particular, the Goods must be returned:
a) properly packaged in their original packaging, in perfect condition for resale (not ruined, damaged or dirtied) and with all accessories and documentation where present;
b) bearing the delivery note (found in the original packaging), to allow Bud Cosmetics to identify the Purchaser (Order number, name, surname and address);
c) without manifest signs of use, apart from those associated with the performance of a normal test of the Item.
They should not bear any traces of prolonged use (over several minutes), exceeding the time required for a trial and shall not be in a condition that does not allow them to resold.
5.7 The costs of returning the Goods shall be borne by the Purchaser, as specified more clearly in the “Returns” section of the Website.
5.8 As a result of the Purchaser exercising his/her right of withdrawal in accordance with these General Conditions of Sale, Bud Cosmetics shall refund the customer for the same amounts paid by crediting the payment card or checking account provided for the purchase. The refund shall take place within 14 days from the date when Bud Cosmetics is made aware of the Purchaser’s exercise of the right of withdrawal.
5.9 Where the Purchaser fails to comply with the conditions laid down in Article 5.5 and 5.6, the Seller reserves the right to deduct an amount corresponding to the decreased value of the returned Goods from the refund of the amounts paid by the Purchaser, giving proper notice to the Purchaser.
Following this communication, the possibility remains for the Purchaser to regain, at his/her own expense, the products in the condition in which they were returned to the Seller.
5.10 The right of withdrawal, however, shall not apply in relation to:
a) customised Goods or Goods which, by their nature, cannot be returned or are liable to deteriorate or change rapidly;
b) Skincare, cosmetics and perfumes which have been opened by the Purchaser.
6. Protection of personal data
6.1 Bud Cosmetics undertakes to respect the confidentiality of personal information collected when registering on the Website and/or provided at the time of purchase by the Purchaser, and to process it.
6.2 In this regard, please refer to the detailed information outlined in the “Privacy” section.
7. Miscellaneous
7.1 Bud Cosmetics reserves the right to modify, at any time, the present General Conditions of Sale.
7.2 The General Conditions of Sale applicable to the sale of each Item will be those published on the Website on the date of the order of the Item itself. The Purchaser, therefore, must read and agree to the General Conditions of Sale before making any purchase.
7.3 Should any provision of these General Conditions of Sale be deemed void or invalid, the present General Conditions of Sale shall, in any case, remain valid and effective in the remaining parts.
7.4 Bud Cosmetics’s mere tolerance or failure to dispute any non-compliance by the Purchaser with the information contained in the General Conditions of Sale shall not be interpreted as tacit acceptance of such non-fulfilment, nor as a desire to waive the provisions agreed between the parties.
8. Communications:
8.1 For any communication and/or request for assistance and/or complaints relating to the Goods purchased, the Purchaser may contact Bud Cosmetics at the addresses indicated in “Contact Us” section of the Website.
CONDITIONS OF WEBSITE USE TRADE POLICY
General Conditions
The Website www.budcosmetics.com is managed by Bud Cosmetics with headquarters in 10 Sinaran Drive, #01-66 Square 2 Singapore 307506.
Access and navigation of the website www.budcosmetics.com are governed by these Conditions of Use, so by accessing and browsing the website www.budcosmetics.com, users shall agree to comply with such Conditions.
Access to the Website and its services is intended solely for personal use unrelated to any commercial, business or professional activity.
Intellectual Property
The site and its contents (by way of example and not limited to: the works, images, pictures, dialogues, music, sounds and videos, documents, drawings, figures, menus, webpages, graphics, colours, patterns, tools, fonts and website design), as well as the trademarks and distinctive signs used by Bud Cosmetics in connection with the sale of goods, are protected by intellectual property regulations. Consequently, it is forbidden to reproduce, communicate, distribute, publish, alter or change, in any way or for any purpose, the Website content, trademarks and distinctive signs used by Bud Cosmetics unless expressly authorised by other rights holders where present.
The trademarks and distinctive signs present on the Website used to distinguish the products sold on www.budcosmetics.com are the property of their respective owners and are used within the Website only for the purpose of distinguishing, describing and advertising the Goods for sale.
Website Use
The user is solely responsible for his/her use of the Website and its content, and is solely responsible for the safeguard and proper use of his/her personal information, including the credentials used to access the Website and any harmful consequences that may result from incorrect use, loss or theft of such information.
Excluding liability for intent and gross negligence, Bud Cosmetics assumes no liability for use of the Website and its content by the user that does note comply with current regulations, nor for providing incorrect or fake information, or data that pertains to third parties without the express consent of the latter.
Bud Cosmetics assumes no liability in relation to the malfunctioning of the Website or to damages caused to the user by using the Website, which are not causally related to Bud Cosmetics.
Bud Cosmetics publishes information on its website in order to provide a service to users; however, it is not liable for any technical inaccuracies and/or typographical errors. When reported, Bud Cosmetics will immediately make any corrections.
Bud Cosmetics makes no guarantee that the information published on its website complies with the laws of the relevant jurisdiction applying to the user.
The website is a secure website according to international Internet standards; therefore, the user’s device will not be affected by any viruses while browsing when this is carried out properly. However, Bud Cosmetics shall not be liable for any problems, damages, viruses or risks which the user may incur during improper use of the website, and shall not be liable for any malfunction of the website due to the deactivation of cookies in the user’s browser.
Users must agree to the terms and conditions of this legal notice, and must periodically visit this page for any updates, changes or corrections.
Bud Cosmetics reserves the right to make corrections and changes to the website, as well as to change the terms and conditions of use of the Website where necessary without notice.
TRADE POLICY
The offer and sale of products on the website www.budcosmetics.com are governed by the conditions set out in the paragraph General Conditions of Sale.
Bud Cosmetics sells its own products and carries out its e-commerce activities exclusively to end-users who are “consumers”.
“Consumer” shall be taken to mean any natural person who operates on www.budcosmetics.com for purposes unrelated to entrepreneurial, business, craft or professional activities.
In view of its trade policy, Bud Cosmetics reserves the right not to follow up on orders from persons other than “consumers” or, in any case, orders that do not comply with its trade policy.
In particular, to make orders on the Website, Customers must: – be consumers – be over 18 years old – qualify to enter into a legally binding contract – have a valid POP e-mail address – have a valid credit card: Visa, American Express, MasterCard or bank account.
The main features of the products are presented on www.budcosmetics.com inside each product description.
Bud Cosmetics shall undertake to ensure that the description and/or photographic representation of the products are as faithful as possible to the products themselves.
However, given the fact that the image quality may depend on the IT tools used, the perception of the description or photographic representation of the products may not correspond exactly to the products themselves; therefore, the images and videos accompanying the presentation of the products must be published on the Website as a mere description.
Prices and Currency
The prices published and final invoices will be in Singapore Dollar (SGD) for every country in the world.
To help customers estimate the prices in euros in their local currency, the website has a currency converter. The final amounts charged to the credit card may vary depending on currency fluctuations and bank charges.
Bud Cosmetics invites customers to contact their bank to find out the conversion value of the prices and bank charges relating to the transaction.
Credit cards will be charged in euros, after which, due to variable exchange rates, the final price will be calculated and charged to the credit card with the exchange rate that applies on the day of the transaction.
Promo Codes
Customers who have received a PROMO CODE via newsletters, social networks or on compliant promotional websites may enter the code when purchasing the order or during the checkout. Each code has a validity start and end date restricting its use, which cannot be extended.
Order Processing
Bud Cosmetics reserves the right to refuse an order in the event that Paypal does not receive approval from the customer’s bank. Once an order of available products has been placed, it is not possible to make changes to said order once the order has been despatched. Orders placed separately will be dispatched separately. Bud Cosmetics reserves the right to delay a shipment if the order cannot be shipped for reasons beyond Bud Cosmetics’s control. Please note that during sales and promotions, there may be delays in delivery. Bud Cosmetics reserves the right to refuse to process any order and/or service at any time.
Cookie Policy
Cookies are small text strings that the sites visited by the user to send to his/her terminal (usually the browser), where they are stored before being sent back to the same websites at the next visit by the same user. While browsing a website, the user can also receive on his/her terminal cookies that are sent by different websites or web server (see “third party”), where some elements can reside (such as, for example, images, maps, sounds, links to specific pages on other domains) on the website that said user is visiting.
This cookie policy has the specific purpose of illustrating the types and procedures of use, as well as to provide guidance on the actions to refuse or delete cookies present on the website, where desired.
Cookies used
Bud Cosmetics uses the following categories of cookies, divided according to the classification proposed by the Privacy Ombudsman in the advice of 8 May 2014 “Identification of simplified procedures for the information notice and the acquisition of consent for the use of cookies”:
Technical cookies
Technical cookies are those used for the sole purpose of “carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user” (see Article 122(1) of the Privacy Code).
These are not used for further purposes and can be used for divided into browsing or session cookies, which guarantee the normal browsing and use of the website (making it possible, for example, to make a purchase or authenticate oneself to access restricted areas); analytics cookies, similar to technical cookies when used directly by the website operator to collect information, in aggregate form, on the number of users and how they visit the website; functionality cookies, which allow the user to browse according to a set of selected criteria (for example, language or products selected for purchase) in order to improve the service rendered to them.
In particular, Bud Cosmetics uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files that are stored on your computer, to help the website analyse how users use the website. The information generated by the cookie about how you use the website (including your IP address) will be sent to and stored by Google servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where said third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the website’s full features. By using this website, you consent to the processing of your data by Google in the manner and for the purposes set out above.
You can prevent Google from tracking a cookie that is generated by and linked to your use of this website (including your IP address), as well as from processing such data, by downloading and installing this plugin on your browser: http://tools.google.com/dlpage/gaoptout?hl=en
Profiling cookies
Profiling cookies are designed to create user profiles and are used in order to send advertising messages in line with the preferences he/she shows when browsing the Internet.
Third party cookies
Third-party cookies come from ads from other websites, such as pop-ups or advertising banners, displayed on this website being viewed. They can be used to record the use of the website for marketing purposes.
Third-party cookies are usually used for profiling.
In particular, while browsing our website, these cookies are used to show you products you might like or similar ones to those you have already looked at, based on your browsing history. The use of these cookies does not normally entail the processing of personal data, but can enable connections to your computer or other devices and tracking of saved data: the cookies connect to the browser installed on your computer or on other devices used while browsing our website.
Bud Cosmetics uses the following third-party cookies:
Google AdWords
DoubleClick
How to disable cookies
Most browsers are configured to accept cookies. However, most browsers allow you to control and also disable cookies through your browser settings. Please note, however, that disabling browsing or functionality cookies may cause the website to malfunction and/or limit the service we offer.
You can find information on how to disable cookies if you are using these browsers:
•Firefox
https://support.mozilla.org/it/kb/Attivare%20e%20disattivare%20i%20cookie
• Chrome
https://support.google.com/chrome/answer/95647?hl=it
• Explorer
http://windows.microsoft.com/it-it/windows7/how-to-manage-cookies-in-internet-explorer-9
• Safari
http://support.apple.com/kb/ph5042
• Opera
http://help.opera.com/Windows/10.00/it/cookies.html