Infinity8Cosmetics Terms & Conditions

Infinity8Cosmetics Terms & Conditions

Article 1 General Conditions

  1. These terms and conditions of delivery apply to all offers and orders placed with Infinity8Cosmetics and its owner, having its registered office and registered office in Piazza IV November, 4, 20124, Milano (Italy), registered with the Chamber of Commerce in Italy, the owner and Infinity8Cosmetics are referred to below as «Infinity8Cosmetics» which is one of our trademarks.
  2. Any reference to these general conditions of delivery to the «customer» means any natural or legal person who wishes to conclude an agreement with Infinity8Cosmetics and/or the party on whose behalf the products are delivered.
  3. Infinity8Cosmetics aims to send its customer a copy of its general conditions of delivery. He is willing to send the customer, at any time, a copy of his general conditions of delivery on request.
  4. The customer may under no circumstances refer to its general conditions or other general conditions other than the general conditions of delivery of Infinity8Cosmetics (this website) and the laws and regulations applicable in Italy, the competent court at the place where Infinity8Cosmetics and its owner has its registered office, unless Infinity8Cosmetics and its owner designate another court.
  5. Any derogation from these General Terms and Conditions of Delivery will only be valid with the consent of Infinity8Cosmetics and its owner and after the relevant agreements have been stated in writing.
  6. Infinity8Cosmetics and its owner reserve the right to change the packaging or composition of the product without notice
  7. The acceptance of an offer or the order constitutes the acceptance by the customer of the applicability of the present. The customer, whether a natural or legal person, declares to have read and accept the conditions of sale of this website when paying for each supply.
  8. Infinity8Cosmetics reserves the right to modify these general terms of delivery without notice.

Article 2 – Establishment of the Contract

  1. Unless expressly stated otherwise in the quote, all quotes issued by Infinity8Cosmetics will be without commitment. Quotations and offers can be revoked by Infinity8Cosmetics until prompt acceptance by the customer.
  2. Without prejudice to the foregoing, the quotations of cosmetics remain valid for a period of thirty (30) days, unless expressly stated otherwise in the quotation.
  3. If an offer is confirmed in writing by Infinity8Cosmetics and the customer does not notify Infinity8Cosmetics of any objection within three (3) days of the date of such confirmation, the Infinity8Cosmetics order confirmation is binding on both parties. An order confirmation also includes a written confirmation by Infinity8Cosmetics of the discussions and oral agreements concluded between the parties.
  4. Additional agreements and/or promises made by an Infinity8Cosmetics employee or other persons acting as Infinity8Cosmetics representatives on behalf of Infinity8Cosmetics shall be enforceable only if confirmed in writing by one or more Executives of Infinity8Cosmetics having the power of representation.
  5. If the agreement is based on the customer’s packaging, this specific packaging will NOT be tested in our factory, our company and the owner is NOT responsible for any incompatibility between our product and the customer’s packaging (regardless of type). We are not responsible for any incompatibility between our products and other materials/products with which our products may come into contact

Article 3 Prices and Payment Guarantees

  1. All prices shown by Infinity8Cosmetics are exclusive of VAT (Italy IVA). VAT (Italy IVA) due will be invoiced separately. Insofar as Infinity8Cosmetics has incurred costs related to the delivery of the product to the customer, including shipping costs, Infinity8Cosmetics may charge these costs to the customer separately.
  2. Infinity8Cosmetics may pass on to the customer increasing costs (such as increases in purchase prices, wages, transportation costs, taxes and/or levies) that occurred within three (3) months of the formation of the agreement. In the event of the passing on of increasing costs to the customer, the customer has the right to dissolve the contract if it cannot reasonably be required to continue it, taking into account the scope of increasing costs. The dissolution by the customer for this reason will not affect the right of Infinity8Cosmetics to claim damages, while Infinity8Cosmetics itself will not be required to pay damages. In case of effective price reduction imposed by third parties, Infinity8Cosmetics is entitled to dissolve the contract, without any liability on its part for the payment of damages.
  3. If, in the reasonable opinion of Infinity8Cosmetics, the financial situation of the Customer gives rise to it, the Customer shall, at the request of the Supplier, provide security – additional or otherwise – or make an advance payment, to the satisfaction of Infinity8Cosmetics, for the performance of its obligations under the Agreement. If the customer fails to provide a guarantee or to pay an advance, Infinity8Cosmetics has the right, at its discretion, either to suspend the performance of its obligations under the contract or to dissolve it immediately, without prejudice to its right to claim damages and without any liability arising from Infinity8Cosmetics to pay damages to the customer.

Article 4 Payment

  1. Unless expressly agreed otherwise in writing, the customer will pay the amount due by him to Infinity8Cosmetics promptly on the date of the Pro Forma invoice, either by cash payment to Infinity8Cosmetics, by transfer to a bank or bank account designated by Infinity8Cosmetics in the name of the owner of Infinity8Cosmetics, in the agreed currency.
  2. If and to the extent that the amount due, or any part thereof, is not received by Infinity8Cosmetics on or before the agreed date, Infinity8Cosmetics shall be entitled, without prejudice to its right to demand enforcement:
  3. • charge the customer interest equal to 1.5% per month from that date on the difference, or a portion thereof, for the purposes of the calculation, part of which is counted as a full month;
  4. • suspend the performance of its obligations under all agreements concluded with the customer.
  5. If the customer does not pay the full amount due within the specified additional period, even after written or electronic reminder, Infinity8Cosmetics is entitled to dissolve the contract with immediate effect and without legal intervention, without prejudice to its right to claim damages, and without any liability arising from Infinity8Cosmetics to pay damages. Infinity8Cosmetics may charge the Customer all costs that it must incur in or out of court to preserve its rights vis-à-vis the Customer. Extrajudicial collection costs amount to 15% of the amount due, with a minimum of EUR 1200.
  6. Any payment made by the customer will first reduce the interest due, then reduce the costs incurred by Infinity8Cosmetics as part of the customer’s failure with respect to the contract, and only then reduce the price (purchase) due.
  7. Unless expressly agreed otherwise, the customer is not entitled to any reduction, deduction or compensation on any payment.

Article 5 Shipping

  1. Infinity8Cosmetics must be able to deliver the goods on the date indicated on the pro forma invoice. In the absence of such a provision, the goods are delivered on the date deemed appropriate by Infinity8Cosmetics.
  2. Infinity8Cosmetics must deliver the goods within the agreed deadlines in case it is not possible the goods are delivered on the date deemed appropriate by Infinity8Cosmetics and its owner, without the customer can request a refund, total or partial or may hold Infinity8Cosmetics and its owner liable for any loss of revenue or any other damage that the customer may consider to have suffered
  3. If the customer requires the delivery of the goods according to a procedure different from the usual procedure, Infinity8Cosmetics will charge the costs involved to the customer, unless otherwise agreed.
  4. Infinity8Cosmetics has the right to use third parties for the delivery of the order or orders.
  5. If the delivery is made on consignment, Infinity8Cosmetics may treat each delivery as a separate transaction.
  6. Unless expressly agreed otherwise, delivery is made as agreed in the order confirmation. The delivered goods will be at the customer’s expense and risk if Infinity8Cosmetics has presented them on delivery but the customer does not take delivery for any reason whatsoever. The costs and damages resulting from this failure, including storage and storage costs, shall be borne by the customer.
  7. The customer is obliged to take delivery of the purchased goods within two (2) weeks from the date of the Pro Forma invoice, otherwise Infinity8Cosmetics will be entitled, to assert that the competent court releases Infinity8Cosmetics from its obligation to deliver the agreed goods or, without notice of default being required, to claim payment of the purchase price of the undelivered party.
  8. Infinity8Cosmetics and its owner is entitled to modify the specifications of the goods to be delivered insofar as they do not affect the agreed performance and quality.

Article 6 Retention of title

  1. Without prejudice to the provisions of paragraph 6 of Article 5, title to the delivered goods will not be transferred to the customer as long as all claims relating to the consideration of the goods delivered or to be delivered by Infinity8Cosmetics to the customer, or services performed or to be performed by Infinity8Cosmetics for the customer, under the contract, as well as claims due to the non-performance of these agreements, have been paid. Until then, the customer is obliged to keep the delivered goods separate from other goods and clearly identified as the property of the supplier.
  2. Infinity8Cosmetics has the right, at its sole discretion and without any liability to the customer, to take back possession of the goods subject to retention of title as soon as a payment is late or the customer is in default. The customer will bring his full cooperation to any repossession.
  3. Any transfer of ownership of the goods delivered to the customer because theci has paid all claims for which retention of title has been established are subject to an undisclosed pledge for Infinity8Cosmetics as security for the payment by the customer of all future claims, on any basis whatsoever, that Infinity8Cosmetics may have against the customer. Infinity8Cosmetics shall at all times have the right – and to the extent necessary is hereby granted an irrevocable power of attorney to act on behalf of the Customer – to perform the acts required to establish such security (including expressly the establishment of the right of pledge by authentic act or registered private deed) and the customer undertakes, promptly at the request of Infinity8Cosmetics, to render its cooperation in this regard.
  4. To the extent that the retention of title of Infinity8Cosmetics in respect of the delivered goods ceases to exist due to adhesion or specifications, the customer hereby, in advance: establishes an undisclosed pledge on goods that become a constituent element or goods specified for Infinity8Cosmetics, as security for all sums due, now and in the future, by the customer to Infinity8Cosmetics, on whatever basis.
  5. If Infinity8Cosmetics holds goods belonging to the customer for processing, Infinity8Cosmetics has the right to retain such goods until the customer has paid the supplier all sums due by the customer on any basis whatsoever.
  6. Amounts due by the Customer to Infinity8Cosmetics under the Agreement become immediately due and payable in full if: (a) the customer has a moratorium on the payment of his debts or is declared insolvent or bankrupt, or an application is made to that effect; (b) all or part of the client’s business is terminated or transferred; (c) an Attachment or Performance Attachment shall be imposed on the Customer, unless the Customer provides an appropriate warranty, in the reasonable opinion of Infinity8Cosmetics, within eight (8) calendar days of a request by Infinity8Cosmetics to that effect, for all amounts due, now and in the future, by the customer to Infinity8Cosmetics.

Article 7: Guarantees and Complaints

  1. Infinity8Cosmetics guarantees that the goods comply with the standard specifications of Infinity8Cosmetics in force on the date of shipment. In our offer, documents and data belonging, such as catalogues, brochures, weight and measurement indications, websites and other publications apply only to the approach, insofar as they have not been explicitly indicated as binding. Small deviations, such as an overweight or technique-dependent underweight of up to 3%, are not material breaches and do not give any right of complaint and/or privilege.
  2. Any other warranty, express or implied, relating to the goods, used separately or with other materials, including, but not limited to, any implied warranty of fitness or merchantability for any purpose whatsoever, is disclaimed.
  3. Infinity8Cosmetics and its owner cannot be held responsible in case of poor preservation of the products by the carrier or the customer. Unless otherwise specified, all chemicals should be stored in a cool, well-ventilated place, away from heat sources, away from excessive cold, away from moisture and sunlight.
  4. All our products must and can be used only and exclusively by professionals in the sector, Infinity8Cosmetics and its owner disclaim all liability and cannot be held liable for any damage and/or loss of money in the event that the products are handled by non-competent persons.

Article 8 – Intellectual and industrial property rights

  1. The customer must fully and unconditionally respect all intellectual property rights on the products delivered by Infinity8Cosmetics and its owner.

Articolo 9 Termination of the Contract/Agreement

  1. Infinity8Cosmetics may dissolve all agreements concluded with the customer with immediate effect, and without any legal intervention being required, by a written notice to the customer, without liability on his part to pay damages to the customer, and without prejudice to the right of Infinity8Cosmetics to claim damages from the customer, in the event of (a) the customer has a moratorium on the payment of his debts or is declared insolvent or bankrupt, or an application is made to that effect; (b) the termination or transfer of all or part of the client’s business; (c) an Attachment or Performance Attachment is imposed on the Customer, unless the Customer provides an appropriate warranty, in the reasonable opinion of Infinity8Cosmetics, within eight (8) calendar days of a request by Infinity8Cosmetics to do so, for all amounts due, now and in the future, by the customer to Infinity8Cosmetics; or (d) any other circumstance that causes Infinity8Cosmetics to have reasonable doubt as to the performance by the Client of its obligations under the Agreement.
  2. In the situations referred to in Article 9.1, all amounts due by the customer to Infinity8Cosmetics, including damages, shall become due promptly and in full.

Article 10 Responsibility of Infinity8Cosmetics

  1. Without prejudice to the provisions of Article 7, the liability of Infinity8Cosmetics for damages suffered by the customer in the context of an agreement between Infinity8Cosmetics and the customer: Infinity8Cosmetics and its owner is exempt to the extent that the damages result from a loss of revenue or a reduction in revenue, and the costs related to the interruption, shutdown or reactivation of a business or part thereof.
  2. In all situations where Infinity8Cosmetics and its owner may invoke the provisions of this Article, these provisions may also be invoked by any of the employees of Infinity8Cosmetics as if such provisions had been stipulated by said employees.
  3. The customer shall indemnify Infinity8Cosmetics and its owner against any damage that Infinity8Cosmetics may suffer as a result of claims by third parties in connection with the goods or services provided by Infinity8Cosmetics and its owner.
  4. Infinity8Cosmetics and its owner cannot be held liable for any damage resulting from a failure due to circumstances beyond its control, in any event, including a power failure, an Internet connection failure and a telephone network failure.
  5. Any delay in the performance or non-performance of the Infinity8Cosmetics part and its owner does not give rise to liability on the Infinity8Cosmetics part and its owner if it is caused by circumstances beyond its control, including a case of force majeure, fire, flood, explosion, uproar, war, terrorism, dangers of the sea, problems with workers, defective machinery, government laws or prohibition provisions, shortage of raw materials or energy for reasonable costs and/or traffic jams.

Article 11 Joint Liability

  1. If, at any time during the performance of the contract, the customer is composed of more than one natural and/or legal person, each of these natural and/or legal persons is jointly and severally liable towards Infinity8Cosmetics for the obligations arising from the agreement.

Article 12 Survivor Provisions – Termination

  1. Provisions which, by their nature, are intended to survive termination of the contract, whatever the cause, remain in force after termination. The invalidity of any individual provision for any reason does not affect the validity of the other provisions.

Article 13 Confidentiality

  1. The Customer shall not disclose to any third party the Agreement and any information that is known to the Customer in connection with the formation or performance of this Agreement and that the Customer knows or should reasonably suspect. be confidential in nature. The preceding sentence does not apply to the extent that disclosure is necessary for the performance of this contract or the customer is required to disclose this information in accordance with any legal regulations.

Article 14 Transfer of Rights and Obligations

  1. The Customer may assign any rights or obligations under the Agreement to a third party, or cause such third party to take back such rights or obligations, only with the prior written consent of Infinity8Cosmetics and its owner. Infinity8Cosmetics and its owner can attach conditions to its consent.

Article 15 Applicable Law and Jurisdiction

  1. The agreement is exclusively governed by the laws of Italy.
  2. Disputes that may arise in connection with or as a result of the agreement, including disputes concerning its existence and validity, shall be subject to the exclusive jurisdiction of the competent court at the place where Infinity8Cosmetics and its owner has its registered office, unless Infinity8Cosmetics and its owner appoint another court.

Milan, 2 February 2020