General Terms of Use
The use of the platform accessed through the website https://krisbeauty.it/ (hereinafter the "Site") is governed by a set of general terms of use.
These General Terms of Use (hereinafter the "GTU") regulate the proper use of the platform (the Site) by users/customers and, together with the Privacy Policy and the General Terms and Conditions of Sale (which are referenced herein), constitute the entirety of the legal documents to which the User must refer when accessing and using the Service; they cancel and replace any prior communication, offer, proposal, or correspondence, whether oral or written, between the platform and the User.
Article 1 – Legal Notices of the Service
“Owner”: The owner of the website https://krisbeauty.it/ is the company KRIS SRL, with registered office at Via Raffaele Cattaneo 2/A, Mestre VE 30173, Italy | VAT Number: 04808080271 | Venice Rovigo Business Register Office - REA VE-452751 - kris-srl@pec.it
“Service”: refers to the opportunities offered by the Site, including the possibility to enter into sales contracts, further regulated by the General Terms and Conditions of Sale, the creation of a user account, browsing the site, subscribing to the newsletter service, and the possibility to submit applications as a brand ambassador.
Article 2 – Subject of the General Terms
These General Terms of Use (GTU) aim to define the provisions applicable to any use of the Service, in particular the access to and use of the Service by a user (hereinafter "User").
By User is meant any individual who accesses the platform, even for consultation only, without purchasing any product or service offered therein. Such access implies unconditional acceptance of the GTU.
2.1 Description of the Newsletter Service
Each User may receive, via the email address provided at the time of registration, one or more newsletters containing brief communications regarding Kris Beauty products and news. The service is free of charge. At any time, the User may choose to unsubscribe from the newsletters by following the instructions contained in each newsletter or by accessing the dedicated area of the platform.
2.2 Description of the Role of “Brand Ambassador”
By submitting their application, each user may request to be selected and appointed as a Brand Ambassador, to share their experience with Kris Beauty products.
The user acknowledges that the application is subject to the sole and final discretion of Kris Beauty, which will contact the selected individual to explain the terms and conditions.
Article 3 – Conditions and Methods of Access to the Site
3.1 Accessibility
We do our utmost to keep the Service accessible 7 days a week, 24 hours a day. We strive, within reasonable limits and with due diligence, to ensure the security and operational integrity of the Site by adopting security measures appropriate to the nature of the data and the risks associated with the activity.
We reserve the right to interrupt, temporarily suspend, or modify access to the Site, in whole or in part, without prior notice, in order to ensure maintenance and updates or for any other reason, primarily technical, without such interventions creating obligations on our part or entitling users to compensation.
3.2 User Account
Creating an account involves the User creating access credentials consisting of an email and a freely chosen password.
At the time of account creation and during registration, the User provides the information requested in the form (not marked as optional, e.g., email) and guarantees that this information is accurate, complete, up-to-date, and not contrary to these GTU.
The User is free to modify their personal account by adding, removing, or making any changes they deem useful to their profile. At the same time, the User cannot hold the Platform responsible if deleted or modified information is no longer recoverable.
The User acknowledges that the username and password are strictly personal and confidential. The use of the username and password on the Site is at the User’s own risk. It is the User’s responsibility to take all necessary measures to protect their personal data from any attack. We cannot be held liable in case of fraudulent access to the User’s account due to their negligence, nor for any modifications made to the account.
3.3 Community
A User who has purchased a product on the Site is automatically enrolled by the Kris Beauty team into the relevant group, where they can interact with other users in the designated forum.
Users may contact the group moderator at any time to request removal from the Community; however, this request may result in the loss of all benefits mentioned above.
Users added to the Community must comply with these General Terms of Use, under penalty of exclusion from the courses and the Community itself.
Article 4 – Our Warranties and Liability
4.1 Quality of Information and Content
Regarding the information and content made available on the Site, we are subject only to an obligation of means and not of result, regardless of its nature.
All information contained on this Site has been carefully entered, verified, and updated. However, we cannot guarantee that the indications and illustrations are always complete, accurate, and perfectly up-to-date.
In general, we disclaim all liability and do not guarantee the updating, accuracy, exhaustiveness, reliability, or availability of the content of the information and services offered by the Service.
We disclaim any liability for material or immaterial damages resulting from the use or inability to use products purchased on the Platform, or for damages caused to the User or third parties arising from knowledge acquired during courses or information contained in study materials.
4.2 Content Provided by Third Parties
The Platform cannot be held liable in any way for information provided by third parties within the Community or through third-party personal profiles. Such information is the responsibility of each User of the Site who provides, configures, modifies, and controls it.
If a User believes that one or more Users are violating these GTU or fears damage resulting from third-party activities, they may contact the team using the provided contact details. Otherwise, we are not obliged to verify the legality of information transmitted and stored by third parties, nor to investigate circumstances indicating illegal activity.
However, we remind that we are required to remove or block the use of information, in accordance with applicable laws, from the moment we become aware that information provided by third parties violates regulations.
4.3 Security and Access
The resilience of our Site mainly depends on factors beyond our control; therefore, we cannot guarantee continuous, uninterrupted, or fully secure access. Accordingly, we shall not be held liable for any interruptions to access to the Site or any related consequences.
We shall not be held responsible for any damage (direct or indirect) or incidents, temporary or permanent, caused to the User’s data or computer equipment when accessing their personal Site account, including those resulting from viruses present in files transmitted through the Site or via redirection to external sites through links.
We are not liable for fraudulent use of our dissemination tools and disclaim any responsibility in case of unauthorized intrusion into our IT systems and data theft, although we commit to implementing all necessary measures to prevent such illicit intrusions.
At the same time, we undertake to provide the best possible, continuous, and effective service, making every effort to prevent external attacks or transmission interruptions within foreseeable limits.
4.4 Damages
To the extent permitted by mandatory law, we shall not be held liable for any damages suffered by the User due to force majeure events, nor for any damage, loss of customers, harm to image or brand, business prejudice, or other special, incidental, or indirect damages arising from or associated with the Site or these Terms of Use.
Article 5 – User’s Responsibility Towards Us
5.1 User Content
By publishing information and content such as photographs, documents, comments, or reactions, each user personally contributes to the dialogue and functioning of our Platform.
To ensure that this dialogue takes place appropriately and that the service is effective, the User agrees to comply fully with these Terms of Use and the applicable legal provisions.
5.2 Responsibility for Content
The User acknowledges being solely responsible for the content published online, whether personally or through intermediaries, for all consequences that may arise from their contributions, for any failure to fulfill their obligations under the applicable provisions or legal notices of this Site, and for all consequences of such failures.
5.3 User’s Warranties and Responsibilities
By accessing, visiting, or using the Site, the User guarantees and declares that:
- They have the legal capacity and authority required to enter into the contractual relationship;
- They have read and approved these Terms of Use (CGU) and the Privacy Policy;
- They are responsible for any use made of the Site by themselves or by others using their credentials, and they also declare that they will not use the Site for illegal or unlawful purposes. Depending on the country of residence, the User may also be subject to specific regulations, which they commit to knowing and respecting.
The User undertakes and guarantees not to engage in behavior that is unequivocally harmful to the rights of the Site Owner, such as:
- to provide false, inaccurate, or misleading information;
- to use defamatory, threatening, or harassing language;
- to use obscene photo-video material or expressions (pornography, pedophilia), or content contrary to public order and good morals;
- to carry out attacks or insinuations based on race, belief or lack thereof, ethnic origin, gender, or sexual orientation;
- to use viruses, trojans, spiders, scrapers, or other software programs aimed at harming, intercepting, or extracting personal data or information from the system;
- to carry out any action violating the rights of third parties, such as intellectual property rights, privacy rights, and protection of private life and personal data, etc.
Therefore, the User must ensure that all information and/or documents originating from and concerning third parties included in the provided information are used with the prior and explicit authorization of the third party concerned.
When uploading content protected by intellectual property rights (photos, texts, drawings, etc.), the User undertakes to verify in advance that the rights holder has given consent. Furthermore, when the uploaded content is a photo depicting an identified or identifiable person, the User undertakes to verify in advance that such person has given their consent, even if the User is the author of the photo.
5.4 Indemnification
The User agrees to indemnify and hold us harmless from any claim and/or proceeding initiated by third parties, regardless of form or nature, directly or indirectly related to the information provided and other content disseminated by the User on the Site, or caused by conduct of the User contrary to these terms and conditions.
In this regard, the User shall fully indemnify us for all damages to which we may be held liable, including payment of legal fees and legal assistance costs incurred by us. We commit to promptly inform the User of any legal actions.
We reserve the right, at our sole discretion and expense, to participate in the defense and/or amicable settlement of any claim or to assume sole defense and control of the proceedings, without thereby releasing the User from their indemnification obligations.
The User may not under any circumstances accept an amicable settlement that implies an assumption of liability on our part or imposes any obligation on us without our prior consent.
5.5 Removal/Modification
We reserve the right, at our sole discretion, to remove without prior notice any information provided by the User that is deemed harmful, inaccurate, misleading, inappropriate, or not in compliance with the provisions of the Terms and Conditions (CGU), the Privacy Policy, or applicable laws.
Article 6 – References and Hyperlinks
Within the Site, there may be links to external websites or third-party content over which we have no technical or content control. The presence of a hyperlink to third-party services does not constitute approval of such services or their content.
Therefore, we cannot guarantee the completeness or accuracy of the content of these third-party services, except for their availability.
In general, we are not responsible for the content present on other websites to which the Site links. We disclaim any liability for direct or indirect damages resulting from the consultation or use of the web services linked by the Service or the information published on these services. We also disclaim any liability regarding the processing of personal data on these services.
We encourage the User to review the Terms and Conditions and privacy policies of such third-party Internet services to which they are referred.
Article 7 – Intellectual Property
7.1 Our Intellectual Property
We grant the User a free, personal, non-exclusive, and non-transferable right to access and use the Site, subject to compliance with these terms and conditions.
The User is therefore authorized to use the content of the Site for personal information purposes, as a source of information or for data collection.
The Site (considered an indivisible whole) and the various elements appearing on the Site (in particular texts, photographs, catalogs, layouts, trademarks, logos, illustrations, specific software, videos) are protected by intellectual property rights. When applicable, they have been authorized for publication, distribution, or use rights have been acquired from such third parties.
The logo, the names of products and services, or the names of companies mentioned on this Site may constitute trademarks, trade names, and company names of their respective owners. The User expressly agrees to respect such intellectual property rights.
Without prejudice to the exceptions provided by law, the User undertakes to refrain from (non-exhaustive list) modifying, copying, distributing, transmitting, disseminating, publishing, sublicensing, transferring, selling, reproducing or having reproduced all or part of the information, software, product, or service obtained from this Site, temporarily or permanently, by any method, known or unknown, on any medium, without our prior written consent. Failure to comply with this prohibition constitutes a breach of these Terms and Conditions, giving rise to compensation for material and moral damages as well as, in the most serious cases, criminal liability.
Hyperlinks to our Site are tolerated provided they point to the homepage (unless otherwise indicated by us) and do not involve any defamatory or disparaging statements against the Service.
7.1.1 COPYRIGHT
All materials and digital documents accessible or usable through the Site due to participation in courses, ancillary services, or mere consultation of the Site (e.g., trailers) are the exclusive intellectual property of Kris Beauty or third parties from whom Kris Beauty has obtained the economic exploitation rights to provide the service via the Platform.
Unless otherwise indicated in writing, no User acquires any rights solely by purchasing a product marketed through the Platform with respect to such content or digital documents.
Kris Beauty may, at its sole discretion and to prevent violations of this clause, conduct checks on the sharing or reuse of such materials.
Likewise, Users of the courses—strictly limited to them—are granted the right to consult, study, and reproduce these materials only for purposes related to the proper use and learning of the course content.
7.2 User’s Intellectual Property
With regard to the content published by the User on the Site and protected by intellectual property rights owned by the User, the User grants us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, translate, distribute, adapt, and communicate such content published on the Site or sent via email. This license shall remain valid for the entire legal duration of the copyright.
Article 8 – Deletion of the User Account
We reserve the right to delete an account on our own initiative.
Such deletion may result from the account being inactive for a determined period and/or as a provisional measure adopted in case of a suspicious account, for example when we have reason to believe that these terms have been violated, and/or following a request by third parties claiming infringement of their rights, or from a competent authority. No compensation can be claimed as a result of account deletion, even if done in error.
Article 9 – Final Provisions
9.1 Modification of the Terms and Conditions of Use (TCU)
We reserve the right to modify these TCU at any time, without prior notice, depending on changes made to the Service, legal developments, or for any other lawful reason.
In the specific case where it becomes necessary to adapt the Service due to legislative changes, we will do our best to make such adaptations as quickly as possible. During this period, the User acknowledges that we cannot be held responsible for temporary non-compliance.
The new TCU will be published online with the update date indicated and will be immediately applicable to the User.
The version of the TCU enforceable against the User is permanently available on the Site.
The User agrees to stay informed of such changes by regularly consulting the relevant TCU page on the Site.
9.2 Severability
If one or more provisions of these Terms and Conditions of Use (TCU) are declared null, invalid, unlawful, or unenforceable under applicable law, in whole or in part, this circumstance shall not affect the validity of the remaining provisions. Any null, invalid, unlawful, or unenforceable provision shall be replaced retroactively by a valid and enforceable provision whose content is as close as possible to that of the original provision.
9.3 Evidentiary Value
The contracting parties (the User and the Owner) agree that information necessary for the Service may be exchanged electronically. It is presumed that all electronic communications between the contracting parties have the same evidentiary value as a document in paper form. The use of the User’s credentials allows us to consider that the Site is indeed being used by the User and constitutes an electronic signature associated with the User in place of a handwritten one.
A printed version of the Terms and Conditions of Use (TCU) and any electronic notices will be admissible in any judicial or administrative proceeding related to this contractual relationship, on the same terms and conditions as other documents created and kept in paper form.
9.4 Force Majeure
Notwithstanding any contrary provisions, neither party shall be held liable for any delay or failure to perform its obligations due to events of force majeure (such as strikes, wars, earthquakes, catastrophes of any kind, direct or indirect consequences of explosions, fires, heat emissions, floods, as well as any other case of force majeure).
9.5 Relationships
In relation to the User, we act as independent service providers.
We are not obligated to intervene in any dispute between the User and other users of the Site or between the User and third parties. The User releases us, our directors, employees, and other members from any claims or demands for compensation of any kind, known or unknown, related to such disputes in which the User may be involved.
9.6 Communications and Notifications
Any communications or notifications we send to the User shall be deemed valid if sent to the email address provided to us, even if it is no longer valid.
For any information, questions, or complaints regarding the Site or the Terms and Conditions of Sale (CGV), the Customer may contact us through our customer service.
In case of dispute, we invite the Customer to primarily contact our company to seek an amicable resolution.
It is also possible to use the European Online Dispute Resolution platform, available at https://ec.europa.eu/consumers/odr
Otherwise, the procedure described in article 9.8 of these terms and conditions will apply.
9.8 Applicable Law and Jurisdiction
The contractual relationship between us and the User, pursuant to these Terms and Conditions of Use (CGU), is governed by Italian law.
Any dispute concerning the validity, interpretation, execution or non-execution, suspension, or termination of these Terms and Conditions shall be governed exclusively by Italian law and shall be subject to the exclusive jurisdiction of the Court of Venice, without prejudice to the consumer’s court of jurisdiction where applicable under Legislative Decree no. 206/2005.