Legal Terms & Policies

Our Relevant Policies

Update: 14th September 2022

About this Agreement
This agreement (the “Agreement”) constitutes a legally binding agreement between General Cosmetics SRLs whose registered number is IT03105490597 and registered address is Via Ufente 20, 04100 Latina, Italy and you, and governs your use of Yousmetics.com and all services provided in connection with the site and platform Yousmetics (collectively, “Yousmetics”, or  the “Platform”, or the “Service”). Yousmetics is a supply-on-demand company for businesses that want to outsource the production and delivering of cosmetics and nutraceutical products. Yousmetics labels and dropships custom products ("Products") directly to you and your customers ("Customers").

By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are registering on behalf of an organization, company or other entity, you represent and warrant that you have authority to bind such organization to these Terms and agree to be bound by these Terms. This Agreement does not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship.

We may change this Agreement at any time in our sole discretion by posting a new version on or through this site. Unless stated elsewhere or as required by law, court order, or otherwise (in which case all amended terms shall be effective immediately and your continued use of the Platform signifies and will be deemed your assent to and acceptance of the revised Agreement), all amended terms shall automatically be effective thirty (30) days after they are initially posted. We will notify you of any changes to this agreement by posting an announcement on our site, notifying you through email, or both. The announcement will be maintained for at least thirty days following the effective date of such amendment. If you do not agree with the amended terms and accordingly, the agreement, please do not use this site any further. Nonetheless, we suggest that you regularly check this site to view the then-current agreement. This agreement may not be otherwise amended except in a writing hand signed by you and us."

1. License
Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

We own and operate the Service. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the Service provided by us are protected by intellectual property laws. All materials included in the Service are the property of Yousmetics or its third party licensors. Except as expressly authorized by us in writing, you may not make use of the Materials. We reserve all rights not granted expressly in these Terms.

Except as may be expressly permitted by applicable law, you may not (a) reproduce, distribute, publicly display or publicly perform the Service; (b) modify the Service or use any technology to interfere with or circumvent any feature of the Service, including any security or access control mechanism. You may only use the Service if you are legally permitted to do so.

We grant you a limited, revocable license to use our name in connection with your use of the Platform. We reserve the right to revoke the foregoing license and/or impose restrictions on your use of our name, including requiring the use of such disclaimers as we may provide, in connection with your use of our name. We shall be and remain the sole owner of all right, title and interest in and to the Platform (including all intellectual property rights therein) and any other intellectual property, tangible or other property owned, licensed or controlled by us. Accordingly, any use of our intellectual property rights will be for our exclusive benefit. All rights not specifically granted to you under this agreement are expressly reserved by us.

Except as expressly permitted by us, you may not use our name, trademarks, service marks or any other IP Right in any manner whatsoever to suggest association or affiliation with or endorsement by us without our prior written consent.

We may, at our own discretion, make certain script code available for you to copy and paste into your website to enable integrations with partners. You agree not to modify the script except as directed by us. You agree to use the scripts we provide at your own risk, and you take full responsibility for any liability resulting from such scripts.

2. Account Creation and Management
In order to access all features and functionalities of the Platform, you must create a Yousmetics account. You represent and warrant that you have the authority to do so. You agree that all information provided by you will be true, accurate, current and complete. In addition, you agree to update such information as necessary to maintain its truth and accuracy. You are responsible for protecting the confidentiality of your account, and you accept responsibility for all activities that occur under your account. Upon creating an account, you will have access to the platform to customize your products and promote them at your retail price.

3. Service and Fees
By registering with Yousmetics, you agree to pay for all fees associated with your order or service plan (including any applicable taxes) as described in these Terms or published on our site. When you order a Product or Service from us, we will charge you, and you agree to pay us, the fees in effect at the time of your order. The fees for the Products and Services, as well as any associated delivery costs, will be displayed on the site and on the platform when you place an order or purchase the Service. You will be charged as soon as you confirm the order. You may receive an email from us confirming your purchase.

You shall pay the Fees applicable to your subscription to our services (Subscription fee), as well as any other applicable fees, including but not limited to fees related to the orders and services. Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a "Billing Date"). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to you via the email address provided. You have approximately two weeks to address and settle any issues with the billing of Subscription Fees. If we are unable to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, we reserve the right to terminate your Account

When you place an order on the Site, you represent and warrant that you are legally entitled to use the registered means of payment, and in the case of a credit card, that you are either the cardholder or have the express permission of the cardholder to use the card for this purpose. In case of fraudulent charges, you agree to reimburse us for any losses we incur. In the unlikely event that you or a customer makes a return or claim that does not comply with our return policies, you will reimburse Yousmetics for any losses, which consist of fulfillment costs and chargeback handling fees. We reserve the right to refuse or cancel any transaction or refuse Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of such refusal or termination.

You represent to Yousmetics that (i) the billing information you supply is true and correct, and (ii) charges incurred by you will be honored by your financial institution.

To pay for our services, you must have a valid payment method that you're authorized to use. All fees will be charged to your payment method and may be automatically updated. Note that you might need to reimburse us for any chargeback fees for returns or claims that aren't in line with our policies. Your billing information will be used for future orders and charges associated with Yousmetics Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party service providers who have been certified as PCI DSS compliant. We may participate in programs that automatically update your payment card information if and when there is a change, such as to the payment card number or expiration date. To the extent we participate in such programs and your financial institution or payment card provider is a participant, you agree to automatic updates to your payment card information. However, we cannot guarantee that such automatic updates will be made, so you also acknowledge that you are ultimately responsible for ensuring that your payment card information is current.

We reserve the right to determine pricing for our Service and we may change the fees for any feature of the Service, including additional fees or charges, on a going forward basis. We will notify you before applying those changes to your account or charging your payment details in connection with an automatic renewal. We may offer you discounts at our sole discretion and can change, suspend or discontinue them at any time.

We may collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (including, without limitation, information concerning User Content and data derived therefrom). We will be free (during and after the term hereof) to use such information for any purpose, including to improve and enhance the Service. To provide you with better products and services, we may collect and analyze anonymized, de-identified information about your account and your customers. We also may combine this information with data from other sources. We use this information to improve our products and services, create case studies and industry reports, and develop new services. We do not disclose personal or confidential information about you or your customers except as described in this privacy policy or where required by law. You agree to our use of such information for these purposes. You agree that your privacy policy will clearly indicate that you use third party services providers, like and including Yousmetics, in order to make your service available. Such third party services providers will have access to and will use such customer information in order to improve the Service.

The Platform may be inaccessible or inoperable from time-to-time due to scheduled maintenance, or causes beyond our control, including telecommunication failures and digital transmission links. We are not liable for interruptions to the availability of the Platform, nor do we guarantee access on a continuous and uninterrupted basis.

4. Products Warranty
1. Residents of the EEA or the UK. For users residing in the European Economic Area or the United Kingdom, our products come with the guarantees set out in Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations. You have the right, free of charge, to return a product and get it replaced within the limits provided by law, or to be given an appropriate reduction in price or cancellation of your contract. Delivery costs for returning the product to be replaced under this clause shall be borne by us. The Products we supply to you are made to your specification and are clearly personalised with your designs and sealed for health protection and hygiene reasons. As a result, we cannot accept returns of Products that have been customised in this way.

2. Residents in the rest of the world. We warrant (“the warranty”) that the Products will be free from material defects and damage when delivered to a User or Merchant’s Customer. The warranty begins on the date of delivery to the end user or merchant’s customer and lasts for thirty (30) days. It is void if the merchant’s customer resells the product or transfers it to another person. We will, in our sole discretion, either replace a defective or damaged product with the same product, or refund the purchase price, shipping fees, and taxes corresponding to the defective or damaged product. If you or a customer discovers a Product to be defective or damaged, or is the wrong product, you must submit a claim within the warranty period in compliance with our Return Policy. This warranty does not cover any damage to or defect in a product caused by: (a) you or third parties; (b) mishandling, use, or storage of the product; (c) failure to follow product instructions; (d) unauthorized repairs; or (e) external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control. This warranty is not applicable to buyer’s remorse.

5. Taxes and Licenses
You are responsible for disclosing your earnings to your relevant local tax authority and ensuring that you pay the correct amount of tax. This is particularly important for users who operate as a business. Unless otherwise specified below, you will be responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT and GST, associated with the Products (if and as applicable). You may need to provide a valid exemption certificate, such as a Resale certificate, VAT ID or ABN.

VAT (Value Added Tax - UE Customers). Sellers who have buyers in the European Union may be required to charge value added tax on sales. You will collect, report and remit Value Added Tax on sales to European Union consumers in accordance with the European regulation (for more infos please visit https://vat-one-stop-shop.ec.europa.eu/index_en). We cannot advise you on tax law and recommend you seek advice from qualified professionals if you have any questions about your tax responsibilities.You are responsible for obtaining and maintaining all the required consents, licenses and permits required for your business.

6. Content
By using the Platform, you agree that you will not violate or infringe the IP Rights of any third party, including without limitation incorporating any original, variation or misspellings of any third-party trademarks, service marks, trade secrets or other brand identifiers without proper authorization. All Content (images, pictures, data, text, and other materials) that you post, submit, upload, display or use on our Services is yours. We don’t claim ownership of it. That includes anything you post using our Services (like the name you give to a product, images, shop name, your customer reviews, comments, videos and usernames).

By posting Content on or through the Services, you represent that you have all necessary rights to post the Content and/or use it on your Products sold, manufactured, or warehoused by Yousmetics. You also represent that you are not infringing or violating any third party's rights by posting Content or using Content on your Products sold or manufactured by Yousmetics.

You retain all ownership rights to any Content you post using our Services. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement. You will not impersonate any entity or person, including, without limitation, copying the “look and feel” of any third-party website or branding, or convey that you are operating a third-party website or entity.

By posting content on the Services, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce and distribute such content to provide the Services and to promote Yousmetics and/or your Yousmetics store in any formats and through any channels (including across the Services), including for advertising purposes. You agree and represent that you have all necessary rights to grant this license to us.

We reserve the right to refuse, in our sole discretion, any content that is available via the service. We reserve the right to remove, block or disable access to any content at our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content. You acknowledge that you must evaluate and bear all risks associated with the use of any Content created by us or submitted to us, including without limitation information in Yousmetics collaborations, posts and in all other parts of the Yousmetics Services.

Yousmetics requires that you own, or have the express authority to use, any Content you post. You must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and international laws. Yousmetics respects intellectual property rights, and we are committed to following appropriate legal procedures to remove infringing content from the service. We are under no obligation to monitor or edit any user content that you or other users post or publish, and will not be in any way responsible or liable for such material. We may, at our sole discretion and without prior notification, screen, remove, edit, or block any Content that violates these Terms or is otherwise objectionable.

We do not permit copyright-infringing activities on our service. Those who believe that their work has been used in a way that constitutes copyright infringement may notify us through our contact form and we will respond to their notification within a reasonable period of time and determine in our sole discretion whether to remove it.

Upon receipt of a claim of infringement, we respond promptly by removing, blocking or disabling access to the allegedly infringing material. We also make reasonable efforts to contact the allegedly infringing party and provide them with information about the notice and removal, and in cases of alleged copyright infringement, inform them about counter notification.

7. Use of the platform
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to the terms of this Agreement.

We do not control, and have no obligation to monitor: (a) user content; (b) any content made available by third parties, or (c) your use of the platform. You acknowledge and agree that we reserve the right to monitor all such information transmitted or received through the Service; however, we assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

You agree that you will not violate any laws in your use of the Services, including those of your own locality or country as well as any other applicable laws. You must not engage in fraudulent activities, theft of another's property, anti-competitive conduct, or any other unlawful acts or crimes against Yousmetics, its users, or third parties. You certify that you are not subject to American or EU sanctions, and that you are not listed on the US OFAC, US Department of State, US Department of Commerce, or HM Treasury lists.

You agree not to use the Services: to impersonate or attempt to impersonate Yousmetics (or its subsidiaries, affiliated companies, and joint ventures or the officers, directors, members, managers, equity holders, agents, and employees of Yousmetics and its subsidiaries or affiliates) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content.

You agree not to transmit or otherwise disseminate anything harmful through the Platform, including viruses and other destructive programs. You agree not to attempt to penetrate, disable, avoid or circumvent any security or authentication features or other safeguards that protect our platform as you will not attempt to disassemble or reverse engineer any part of the Platform.

You agree to use your best efforts to ensure that all communications and representations related to the sale of your Product(s) comply with applicable laws, regulations, advisories, and policies related to consumer protection. You will ensure that all communications and/or representations are accurate and contain all disclosures and disclaimers necessary to prevent such communications and/or representations from being false, deceptive, or misleading. You will not ask the Buyer to agree to any terms that would reduce or eliminate our Return Policy.

You will respond within three (3) days to any inquiries from us, including but not limited to any regulatory or legal complaints or threats of such complaints that we receive in relation to a Product. You will also assist us at your sole cost and expense in taking any appropriate actions reasonably requested by us to address such complaints.

You must abide by all laws, regulations, court orders, third party rights, industry-specific requirements and Yousmetics policies. If you promote or deliver products that contain personal information of any other individual, you are responsible for providing any notice that may be required by applicable law and informing such individuals about your legal basis for using their personal data.

We are not obligated to offer you support for the Service. In cases where we do provide support, our assistance will be governed by published policies. You are responsible for providing customer service (if any) to your own customers. We will not provide any support or services to your customers unless we have a separate agreement with you obligating us to provide support or services.

The Service is controlled and operated by us. We make no representation that materials included in the Service are appropriate or available for use outside of the European Union. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

We provide the best service we can, but you should be aware that it may have errors and interruptions. You are responsible for handling your customer inquiries, complaints, and claims.

8. Products and Delivery Process
We list the ingredients in our products (INCI) on their product pages on our Platform. We try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers. We continually develop new Products, so that we can offer you the latest designs and best performance. We reserve the right to amend the specifications of Products, their price, packaging, and any Service associated without prior notice. Before placing an order, please be sure to read the Product description and design carefully. Although we strive to provide the best possible images and descriptions, we cannot guarantee that the colors and details shown in images are an exact match for the product, and sizes may vary slightly from their true value.

In the case of a Product being out of stock or its formulation changed, we may substitute it with another product at our discretion and without any notice. We invite you to check periodically the price of products in the store. You will be notified when there is a change in price or ingredients of a product.

Due to security reasons, we reserve the right to place your order on hold if we need to confirm your address or if we have other issues with your file. If your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet.

You are purchasing a Product upon which you have paid the applicable fee and/or other charges that we have accepted. We may choose not to accept any orders in our sole discretion. We accept orders only through our website. Before placing an order, you must check that you have the correct shipping address and contact information. Be sure to fill in all information asked on the checkout page precisely and accurately. We will not be responsible for missed deliveries due to incorrect recipient names, delivery addresses or phone numbers. Should you like to ask for a change in delivery address or any other special requirements, please contact us.

Due to the way our system is designed, we cannot edit or cancel your order once it has been confirmed. If you would like to make changes to your order, please check your account for options. Please note that we do not provide refunds for orders that have already been shipped. We will not be liable for any loss of, damage to, or title for Products once they are delivered to a carrier. It is your responsibility to file any claim with the carrier in the event that tracking information indicates that the Product was delivered. In such case, we will not make any refunds and will not resend the Product. For buyers in the European Economic Area or the United Kingdom, risk of loss, damage and title for Products passes when you or a third party indicated by you physically takes possession of the Products.

If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with our Return Policy. All such claims must be submitted within 30 days of the estimated delivery date, and all such claims are subject to our previous investigation and sole discretion.

We deliver to most places in the world, but you will be responsible for all shipping costs. We will inform you of any additional delivery charges before we proceed with your order, and we reserve the right to refuse to deliver to locations that are difficult or impossible to reach. We reserve the right to inform you of any additional shipping charges that apply to your specific address.

The estimated time for delivery for most products is shown on the Site. Delivery times may vary, depending on factors beyond our control. In any case, we will contact you and advise you of any delay or change in delivery schedule. We try our best to make your shopping experience as simple and convenient as possible.

9. Termination and Modification of the Service
We may stop offering, selling or providing any product, terminate your Account, and/or stop providing the Platform at any time for any reason. We may suspend or terminate your account(s) at any time, with or without cause. Notwithstanding anything in this Agreement to the contrary, we reserve the right to suspend or terminate your Account and your rights to access, use and/or otherwise participate in the Platform if you violate the terms of this Agreement, or your Account becomes inactive, we may immediately suspend or terminate your account. Upon the termination of your use, or upon our termination of your access and use of the Platform, you agree to immediately cease all use of the Platform.

Following the suspension or termination of an Account, or if we are required to do so by law, we will review your Account to determine if there is a reasonable basis to believe misconduct has occurred.

10. Indemnification
In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever in connection with any kind of your use of the Platform, you shall defend, indemnify and hold harmless us, our related parties and affiliates, and our officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors and assignees from and against any and all damages (including direct losses), liabilities (including incidental damages), claims or costs incurred by any of our parties as a result of such claim (regardless of whether such Losses are direct or indirect), regardless of whether such Losses are consequential damages.

Upon notice of a claim for which you are obligated to indemnify us, we shall provide you with written notice and the opportunity to assume sole control over the defense and settlement of the matter at your expense. However, any settlement that would place a non-monetary obligation on or admission or finding of liability by us will require our prior written consent. Your failure to provide timely notice, control, or assistance shall not relieve us of our obligations under this provision. We may have our own counsel present at and participating in all proceedings or negotiations relating to a claim, at our own expense unless you fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case you shall pay all expenses related to our use of such counsel.

If we incur any expenses while responding to a claim made against your products (or about your activities promoting and delivering them), we reserve the right to recover our costs by deducting a reasonable amount from any commission owed to you. You understand that the remedies described above are not exclusive and that we retain all rights to indemnification in this agreement. You authorize us to make deductions as needed.

11. No Warranties
WE PROVIDE THE SERVICE, AS WELL AS ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES RELATED TO THE SERVICE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH IT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES REGARDING THE SERVICE OR ITS AVAILABILITY. WE DO NOT GUARANTEE THAT THE SERVICE OR ANY CONTENT OFFERED THROUGH IT WILL BE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE WILL NOT BE RESPONSIBLE FOR CORRECTING ANY SUCH ISSUES. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR DO WE ACCEPT ANY LIABILITY IN RELATION TO THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR DEALING WITH ANY OTHER SERVICE USER. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA RESULTING FROM USE OF THE SERVICE. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF PLATFORM USERS.

12. Limitation of Liability
We (and our parties) are not liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with this agreement and/or any (a) use of or inability to use the platform, (b) personal injury, property damage, or losses of any kind resulting therefrom; (c) unauthorized access to or use of any and all personal information and/or financial information stored therein; (d) interruption or cessation of transmission to or from the platform; and/or (e) bugs, viruses, trojan horses which may be transmitted to or through the platform. Notwithstanding anything herein to the contrary, our maximum liability for all costs, losses or damages from claims arising under or related in any way to this agreement shall not exceed an amount equal to the total amounts due and payable by us to you under this agreement for the month immediately preceding the date upon which such damages accrue. You agree that the limitations of liability and disclaimers specified herein will apply even if any part of these terms is found to be unenforceable. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, our liability is limited to the fullest extent permitted by law.

13. Dispute Resolution
Any action or court proceeding permitted under these Terms will be governed by Italian law and must be brought in the competent court of Latina in Italy. Each party hereby waives any objection to jurisdiction and venue in such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods, private international laws (e.g. conflict of laws principles) and consumer protection e-commerce regulations, where relevant, are expressly excluded.

All disputes arising from the interpretation and/or execution and/or termination of this contract will be submitted to an attempt at conciliation at the Chamber of Commerce in Latina (Italy). In case of no result of the conciliation attempt, the parties agree to submit their dispute to arbitration by an Arbitration Board constituted according to the rules of the Arbitration Chamber of Latina Province, which each party declares to accept in full.

14. Privacy
Please be aware that we are concerned with the privacy of users of our website. Our full Privacy Policy is available on our website (www.yousmetics.com/legal - privacy) and forms an integral part of these Terms. Additionally, if you're established in the European Economic Area (EEA), provide goods or services to customers in the EEA, or are otherwise subject to the requirements of the EU General Data Protection Regulation, Yousmetics’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

15. Miscellaneous
General terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and us regarding your use of the Service. These Terms supersede any prior or contemporaneous understandings or agreements between us regarding your use of the Service.

Assignment. We may assign or transfer any or all of the rights and obligations described in this Agreement, although you may not do so without our prior written consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Waiver. The waiver or failure by us to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of us set forth in this Agreement are cumulative and are in addition to any rights or remedies we may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

Force Majeure. If any delay or failure in performance is caused by an act of God, a strike, a lockout, a riot, an act of war and terrorism, an embargo, a boycott, changes in governmental regulations, an epidemic, fire or any other disaster or reason where failure to perform is beyond the control of and not caused by the non-performing party, neither you nor we will hold the other responsible.

16. Contact Information
All notices, requests, approvals, authorizations, consents, demands and other communications shall be in writing and addressed to: General Cosmetics SRLs, Via Ufente 20, 04100, Latina. You may contact us by sending correspondence to that address or by emailing us at support@yousmetics.com.
Privacy Policy
Cookie Policy
Update: 2nd November 2022

By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. We may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that we believe is harmful to our business, or for conduct where the use of the Affiliate Program is harmful to any other party.

By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are registering on behalf of an organisation, company or other entity, you represent and warrant that you have authority to bind such organisation to these Terms and agree to be bound by these Terms.

This Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.

Account Creation and Management
In order to access all features and functionalities of the Platform, you must create a Yousmetics Affiliate Account. You represent and warrant that you have the authority to do so. You agree that all information provided by you will be true, accurate, current and complete. In addition, you agree to update such information as necessary to maintain its truth and accuracy. You are responsible for protecting the confidentiality of your account, and you accept responsibility for all activities that occur under your account. Once your account has been created, we may send you an insertion order with details of the offers you can promote and their respective payouts.

Referral Tracking
Yousmetics will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Yousmetics offers. Yousmetics will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make paid subscription or a sale while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard. The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Yousmetics is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.

Affiliates Fees and Payouts
Yousmetics will confirm the number of Referrals eligible for payout (“Eligible Referrals”) by the 15th day of the next calendar month. A referral will become eligible for payout at the end of the next calendar month if it meets all of these criteria: (a) The referral makes a sale of a product and has paid in full; (b) The referral’s account remains active and in good standing; (c) The referral’s account has not had any of its payments refunded, charged back or otherwise reversed. Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts. The Affiliate is entitled to receive  payout for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee”).

All Affiliate Fee payments will be payable in Euros only, except as otherwise determined by Yousmetics in its sole discretion. Payment will be made against a valid invoice issued by the Affiliate. The Affiliate is responsible for providing Yousmetics with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so. Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months. In the event of any activity deemed suspicious by Yousmetics, Yousmetics may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Yousmetics reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.

Advertisement and Content
Yousmetics hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Yousmetics logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.

The Affiliate may only display advertisements that contain Yousmetics’s logos or service marks in good taste. The Affiliate may not use Yousmetics’s logos or service marks in a manner that, in Yousmetics’s sole discretion, portrays Yousmetics in negative light. The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws. Yousmetics may, without prior notice, require the Affiliate to remove or modify any advertisements in Yousmetics’s sole discretion.

By using the Platform, you agree that you will not violate or infringe the IP Rights of any third party, including without limitation incorporating any original, variation or misspellings of any third-party trademarks, service marks, trade secrets or other brand identifiers without proper authorization. Yousmetics requires that you own, or have the express authority to use, any content you post on social media or advertising networks. You must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws. We are under no obligation to monitor any user content that you or other users post or publish, and will not be in any way responsible or liable for such material. We may, at our sole discretion and without prior notification, screen, remove, or block any Account that violates these Terms or is otherwise objectionable.

We do not permit copyright-infringing activities on our service. Those who believe that their work has been used in a way that constitutes copyright infringement may notify us through our contact form and we will respond to their notification within a reasonable period of time and determine in our sole discretion whether to block an Account.

When we receive a claim of infringement, we respond promptly by removing or blocking access to the allegedly infringing Account. We also make reasonable efforts to contact the allegedly infringing party and provide them with information about the notice and removal, and in cases of alleged copyright infringement, inform them about counter notification.

Use of the Platform
We do not control, and have no obligation to monitor: (a) user content; (b) any content made available by third parties, or (c) your use of the platform. You acknowledge and agree that we reserve the right to monitor all such information transmitted or received through the Service; however, we assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

You agree not to transmit or otherwise disseminate anything harmful through the Platform, including viruses and other destructive programs. You agree not to attempt to penetrate, disable, avoid or circumvent any security or authentication features or other safeguards that protect our platform as you will not attempt to disassemble or reverse engineer any part of the Platform.

Termination
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving us a written notice of termination. Yousmetics reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Yousmetics, in its sole discretion, deems to be harmful to its business or any third party. Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.

Limitation of Liability
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. Yousmetics makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.

Yousmetics is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them. The Affiliate will indemnify and hold harmless Yousmetics, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.

Modification
Yousmetics may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address and any sub pages. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.

Dispute Resolution
Any action or court proceeding permitted under these Terms will be governed by Italian law and must be brought in the competent court of Latina in Italy. Each party hereby waives any objection to jurisdiction and venue in such courts. All disputes arising from the interpretation and/or execution and/or termination of this contract will be submitted to an attempt at conciliation at the Chamber of Commerce in Latina (Italy). In case of no result of the conciliation attempt, the parties agree to submit their dispute to arbitration by an Arbitration Board constituted according to the rules of the Arbitration Chamber of Latina Province, which each party declares to accept in full.

Miscellaneous
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Yousmetics reserves the right to terminate the Affiliate’s participation in the Affiliate Program if Yousmetics determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.This Affiliate Agreement constitutes the entire understanding between Yousmetics and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.

Privacy
Please be aware that we are concerned with the privacy of users of our website. Our full Privacy Policy is available on our website (www.yousmetics.com/legal - privacy) and forms an integral part of these Terms. Additionally, if you're established in the European Economic Area (EEA), provide goods or services to customers in the EEA, or are otherwise subject to the requirements of the EU General Data Protection Regulation, Yousmetics collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

Contact Information
All notices, requests, approvals, authorisations, consents, demands and other communications shall be in writing and addressed to: General Cosmetics SRLs, Via Ufente 20, 04100, Latina. You may contact us by sending correspondence to that address or by emailing us at affiliates@yousmetics.com.This agreement (the “Affiliate Agreement”) constitutes a legally binding Affiliate Program between General Cosmetics SRLs whose registered number is IT03105490597 and registered address is Via Ufente 20, 04100 Latina, Italy and you who participates in the Affiliate Program (the “Affiliate”, or “you”), and governs the Affiliate Program managed by Yousmetics and all services provided in connection with the site and platform Yousmetics (collectively, “Yousmetics”, or  the “Platform”, or the “Service”).