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STANDARD: 1-4 BUSINESS DAYS
(orders above $50 excluding taxes)
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(orders below $50 excluding taxes)
IL MAKIAGE® Terms of Sale in EU and UK
Effective date October 20, 2023
IM Pro Makeup NY LP, a New York Limited Partnership with a principal place of business at 110 Greene Street, 2nd Floor, New York NY 10012, U.S.A (hereinafter: “IL MAKIAGE”, “we”, “us”) operates an online shop with cosmetic products under the following domains applicable to these general terms of sale:
www.ILMAKIAGE.com/uk & www.ILMAKIAGE.co.uk, www.ILMAKIAGE.com/eu, www.ILMAKIAGE.com/se, www,ILMAKIAGE.com/dk (collectively hereinafter, the “website”).
(1) The following general terms of sale (“TOS”) apply to all business relationships between us and customers of the online shop. The version of TOS valid at the time the contract is concluded is relevant. The inclusion of customers' own terms and conditions is excluded.
(2) This online shop is aimed exclusively at customers with a delivery address in EU and UK excluding Germany, Austria, France, Spain and Italy (the “Territory”). Sales to customers with delivery addresses in other countries do not take place via this website.
(3) This online shop is only aimed at consumers, i.e. natural persons who conclude the legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity. Orders are therefore only accepted in normal household quantities. Commercial resale is prohibited.
(4) Please send any questions about these Terms and Conditions by email to:
|Customer Support Address
2. CONCLUSION OF CONTRACT
(1) English is the language available for concluding the contract.
(2) The presentation of goods in the online shop does not constitute a legally binding offer of the goods by us. In legal terms, the presentations are only a non-binding invitation to customers to order goods, i.e. IL MAKIAGE is a binding offer for the purchase of goods.
(3) As a consumer, you can select individual or multiple goods from the entire presentation within the online shop and collect them in an electronic shopping bag by clicking the “Shopping Cart” button. Only after entering all the data required to execute the contract and confirming that you have read these terms and conditions, and when you have clicked on the “Buy now” button, will a binding order be created for you. Until you click this button, you can change or correct your order and the data provided for your order at any time.
(4) After submitting your order (offer), you will receive an automatically generated confirmation of receipt of your order by email to the email address you provided in the order. This email contains the details of your order. The confirmation of receipt does not constitute a purchase contract unless this is expressly stated in the confirmation. The confirmation only shows that we have received your order. Unless you have already printed out and/or saved your order data in another way during the ordering process, we recommend that you print out and/or save the confirmation. The content of the confirmation is not stored by IL MAKIAGE and is therefore not accessible to the customer after the contract has been concluded.
(5) A contract between you as a customer and us is only concluded once we have accepted and confirmed your order. This order confirmation will be sent to you either directly together with the confirmation of receipt (see paragraph above) or, if necessary, in a separate email within two working days of placing your order. If you have not received a declaration of acceptance or order confirmation from us after this period has expired, your order is considered rejected. In this case, too, we will endeavor to inform you accordingly and in good time.
(6) Your credit card, equivalent card or PayPal account will only be debited after the contract has been concluded by sending our order confirmation (see section 4 below for payment conditions). When paying via Klarna, the payment will be made according to the chosen payment method (immediate transfer, direct debit or payment on account) and your account will be debited according to the agreed payment terms. When paying via iDEAL, the payment will be made through a bank transfer solution conducted by iDEAL and in accordance with iDEAL payment terms.
(7) Auto-Replenishment; You may purchase certain of our products from selected countries within the Territory using our “Auto-Replenishment” subscription option as made available by and through our website. In connection with an Auto-Replenishment subscription, you may select the quantity and frequency of the ordered products, subject to the options made available by IL MAKIAGE®. Your selection of an Auto-Replenishment subscription, while it remains active, serves as your authorization for IL MAKIAGE to make recurring charges based on the quantity and price of the products you select for Auto-Replenishment, inclusive of VAT and any applicable charges, including shipping charges, to your selected payment method for each shipment. Your selection of an Auto-Replenishment subscription serves as your authorization for IL MAKIAGE to create, with the information that you provide during enrollment and may have provided earlier, an Account on your behalf from where you can manage your subscription. A condition of enrollment in the Auto-Replenishment subscription program is keeping a valid credit card on file in your account. The actual cost of each shipment may vary depending upon applicable taxes, your chosen product quantity, and your chosen frequency and method of delivery. These recurring fees will be charged upon shipment of the subject products order. You acknowledge and agree that IL MAKIAGE does not need to obtain any additional authorization from you for the recurring charges. On any date your Auto-Replenishment subscription is expected to next ship, IL MAKIAGE is authorized to charge your payment method and to have the fees applied to the same. We reserve the right to cancel an “Auto-Replenishment” subscription at any time, in our sole discretion.
You can modify or cancel any Auto-Replenishment order up to 24-hours before that order ships. If you cancel or modify within 24-hours of shipment, that order will not be cancelled or modified. To (a) modify or cancel an order, (b) update your shipping address, billing information, payment method, etc. associated with your account, and/or (c) cancel the Auto-Replenishment subscription, please go to www.ilmakiage.com, log into your account by clicking the “LOGIN” button at the upper right corner, and from within “MY ACCOUNT” select the “MY AUTO-REPLENISHMENTS” tab. You may also cancel your Auto-Replenishment subscription by following the link at the bottom of each notification email we send to you prior to shipment of your next order. If you have any issues with your Auto-Replenishment subscription or order, please contact our customer support team at: [email protected].
(8) Prepaid Annual Plan; You may purchase certain products from selected countries within the Territory using our Prepaid Annual Plan subscription option (the “Prepaid Annual Plan”), as made available by and through our website. Your selection of the Prepaid Annual Plan allows you to prepay for one (1) year supply of auto-replenishment products at a discounted price (as indicated on our website on the applicable date). Once you elect to sign up for the Prepaid Annual Plan, you will be charged for the total Prepaid Annual Plan price, which is calculated based on the quantity of prepaid products and their prices, inclusive of VAT, applicable charges and the applicable Prepaid Annual Plan discount. You may choose to sign up for the Prepaid Annual Plan for several different products at the same time. The quantity of prepaid products is calculated by dividing 12 months by your selected auto-replenishment frequency for each product (e.g., if your selected auto-replenishment is every 3 months, your annual plan will comprise of 4 prepaid items).
When the prepaid auto-replenishment product ships, You will not be charged again for any prepaid products previously paid for as part of the Prepaid Annual Plan. However, if an auto-replenishment order contains both prepaid and non-prepaid products, you will be charged for the non-prepaid products.
Your selection of a “Prepaid Annual Plan” serves as your authorization for IL MAKIAGE to create, with the information that you provide during enrollment and may have provided earlier, an Account on your behalf from where you can manage your subscription and renewal preferences at any time. A condition of enrollment in the “Prepaid Annual Plan” is keeping a valid credit card on file in your Account. You acknowledge and agree that IL MAKIAGE does not need to obtain any additional authorization from You for recurring renewal charges under the “Prepaid Annual Plan”. On any date your ”Prepaid Annual Plan” auto-renews, IL MAKIAGE is authorized to charge your Payment Method and to have the fees applied to the same. We reserve the right to cancel a “Prepaid Annual Plan" at any time, in our sole discretion.
After the last prepaid product from a Prepaid Annual Plan ships, your Prepaid Annual Plan will auto-renew fifteen (15) days after you receive your last shipment of prepaid products. You will receive an annual auto-renewal reminder email prior to the shipment and autorenewal of your Prepaid Annual Plan. You may cancel Your Prepaid Annual Plan prior to shipment of your initial prepaid products for any renewal Prepaid Annual Plan period by using the link at the bottom of the auto-renewal reminder email and/or the link at the bottom of each notification email we send to You and/or from within “MY ACCOUNT” by selecting the “MY AUTO-REPLENISHMENTS” tab; any cancellations after shipment of the initial prepaid products shall not be eligible for a refund for that Prepaid Annual Plan period. If you have any issues with your subscription or order, please contact our customer support team at: [email protected].
Unless You cancel the auto-renewal of the Prepaid Annual Plan, You will be charged the total Prepaid Annual Plan renewal price fifteen (15) days after you receive your last shipment of prepaid products and following the annual renewal charge reminder email.
Should You cancel auto-renewal of the Prepaid Annual Plan, you will still receive any outstanding prepaid products that have not yet shipped to You. If you have cancelled the auto-renewal of the “Prepaid Annual Plan”, upon the shipment of your final prepaid products You will be downgraded to the regular Auto-Replenishment Subscription without the applicable discount and extra benefits of the Prepaid Annual Plan. Note that You may cancel your regular Auto-Replenishment Subscription at any time, in accordance with the guidelines set forth in section 2(7) herein.
For clarity, You may cancel a “Prepaid Annual Plan” at any time, but any amount you prepaid for such plan is non-refundable.
(8) Discounts; IL MAKIAGE may offer, in our sole discretion, reduced and/or sale pricing, e-gift codes, free products, discounts for Auto-Replenishment, first-time or other types of orders, and/or other promotions from time-to-time (“Promotions”). We reserve the right to terminate any Promotion at any time. Unless superseded by a Promotion’s explicit terms, Promotions (a) apply to online orders only, (b) cannot be combined with other Promotions, and (c) do not apply to sale items, promotional kits, products recommended through our quizzes, shipping charges and taxes. Discounts that are restricted to your first-time orders are limited to the first order from a unique account using a unique payment method with delivery to a unique address and cannot be reused if you return your first purchase.
3. DELIVERY AND SHIPPING TERMS/COSTS
(1) Delivery is made to the delivery address in EU or UK that you provided during the ordering process.
(2) Delivery charges are as described in the table below:
|Free Shipping Threshold
(3) Shipping takes place in accordance with the individual information for our items, usually within approx. three working days after conclusion of the contract, i.e. after our order confirmation has been sent (see section 2 above). Delivery to you is carried out by one of our postal and parcel service providers. We have no influence on the delivery time.
(4) There is no minimum order value for orders in this online shop.
4. PRICING AND PAYMENT TERMS
(1) Delivery is made to the delivery address in EU or UK that you provided during the ordering process.
(2) Delivery charges are as described in the table below:
In our online shop, all prices are shown in euros including the applicable sales tax.
Payment for the goods is made using one of the following payment methods. There is no payment fee charged for any of the payment methods.
(1) Credit card
Our online shop accepts credit cards from Mastercard, American Express and Visa as payment methods. Your credit card will only be charged after the contract has been concluded (see section 2 above).
(2) Purchase on account, direct payment and immediate payment (Klarna)
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we also offer you the payment methods purchase on account, direct payment and instant payment. If you purchase on account, the invoice amount is then due in accordance with the conditions agreed between you and Klarna. Purchasing on account via Klarna requires a successful address and credit check. These are carried out directly by Klarna. You can find further information about this in the further ordering process and at https://www.klarna.com/se/villkor/.
If you select PayPal as your payment method, you will be redirected directly to PayPal at the end of the ordering process. If you are already a PayPal customer, you can log in there with your user data. If you are new to PayPal, you can open a PayPal account. Your PayPal account will only be debited after the contract has been concluded, i.e. after our declaration of acceptance has been sent (see section 2 above).
5. RIGHT OF WITHDRAWAL AND/OR CANCELATION
(1) Consumers have a legal right of withdrawal in our online shop in accordance with the following provisions:
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, email). You can use the sample cancellation form that can be downloaded here, although this is not mandatory, or contact us in accordance with the following contact details.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us or a third party named by us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. We will bear the costs of returning the goods if you use the shipping label we provide.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
End of revocation
(2) There is no right of withdrawal for contracts for the delivery of
Goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
Sealed goods that are not suitable for return for health protection or hygiene reasons if the seal has been removed after delivery.
(3) Please enclose the return slip enclosed with the order with the return and use the return shipping label. This approach allows us to allocate the products as quickly as possible. However, the use of the return slip and return label is not a prerequisite for the effective exercise of the right of withdrawal.
(4) In addition to the above statutory right of cancellation, we may from time to time offer additional voluntary cancellation options. Special conditions may apply, which will be indicated on our website or in other promotional materials. These additional cancellation options, which may differ from the statutory right of cancellation, do not affect the statutory right of cancellation in accordance with the preceding paragraphs.
6. RETENTION OF TITLE
(1) The delivered goods (reserved goods) remain our property until full payment. Until the invoice amount has been paid in full (= purchase price + shipping costs), you may not dispose of the reserved goods, and in particular may not resell, pawn, give away or lend them. You are obliged to treat the reserved goods with care.
(2) If the reserved goods are seized by third parties or if third parties intervene in any other way, you must point out our ownership and notify us immediately in writing so that we can enforce our property rights. If the third party is unable to reimburse us for the legal or extrajudicial costs incurred in this context, you will be liable for this.
(3) If you behave in violation of the contract - in particular if you are in arrears with the payment of the fee owed - we have the right to withdraw from the contract after we have given you a reasonable deadline for performance.
7. WARRANTY, LIABILITY
(1) The product images in our online shop may differ from the original colors in terms of resolution and size as well as the colors shown for technical reasons - also depending on the color resolution of your screen. The delivered goods are considered to be in accordance with the contract if the delivered items correspond to the written product specification.
(2) For all products from our online shop, you are entitled to statutory warranty rights in the event of a defect. If you make legitimate warranty claims, we will bear the costs of returning the goods unless we ask you not to send the defective goods back to us. Otherwise, you will be responsible for any return shipping costs.
(3) We are liable in accordance with the statutory provisions for claims due to damage caused by us, our legal representatives or vicarious agents. However, liability for damage caused by slight negligence is excluded. This limitation of liability does not apply.
in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance customers can regularly trust and rely. In this case, however, our liability is limited to the amount of foreseeable, contract-typical damage;
in the event of injury to life, body or health,
in the case of guarantee promises, if agreed, or
for claims under the Product Liability Act.
(4) To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.
8. COPYRIGHT AND TRADEMARK RIGHTS
All copyrights and trademark rights to images, graphics, texts, etc. used in our online shop are held by IL MAKIAGE, companies affiliated with us, partners or licensors. You are not permitted to use these protected works and trademarks without the express consent of the respective rights holder.
9. CONTRACTUAL PARTNERS
The customer's contractual partner and therefore also the contact person in the event of a warranty claim is:
IM Pro Makeup NY LP
Address: 110 Greene St, 2nd Floor, New York, NY 10012, USA
Email: [email protected]
10. APPLICABLE LAW, SEVERABILITY
(1) The law of New York, US applies, excluding the UN Convention on the International Sale of Goods (CISG). This choice of law only applies to the extent that mandatory provisions of the law of the country in which the customer as a consumer has his habitual residence are not superseded.
(2) Should individual provisions of these TOS be or become void or ineffective, this will not affect the validity of the remaining General Terms and Conditions.
11. JURISDICTION, ONLINE DISPUTE RESOLUTION, CONSUMER DISPUTE RESOLUTION
(1) For all disputes arising from or in connection with orders in our online shop and/or these TOS, the place of jurisdiction is our company's headquarters in New York, USA.
(2) The European Commission provides a platform for online dispute resolution (OS) under the link http://ec.europa.eu/odr.
(3) IL MAKIAGE is not willing or obliged to take part in a dispute resolution procedure before a consumer arbitration board (cf. Consumer Dispute Resolution Act).