I- MENTIONS LEGALES
Publisher: The Newblackcosmetics website is produced and edited by New Black Cosmetics SAS, a simplified joint-stock company with a capital of 10,000 euros, registered with the Paris Trade and Companies Register under number 914 912 282, whose registered office is located at:
34, Avenue Des Champs Elysées 75008 Paris, France.
Phone : 07 49 53 21 29
E-mail : [email protected]
Publication Director : New Black Cosmetics
Editor-in-chief : New Black Cosmetics
Individual VAT number : FR26914912282
SIRET : 91491228200011
The Site server is hosted by the company Cloudflare, whose registered office is in San Francisco, California, United States.

II- CONDITIONS GENERALES D’UTILISATION

1. Purpose of the Site
The NewBlackCosmetics website (hereinafter the “Site”) is an e-commerce site that offers cosmetic products and accessories for sale to visitors or users browsing the Site (hereinafter the “Visitor(s)”). This Site is accessible:

• via the Internet at the address newblackcosmetics.com;
• via the “Playstore” service in the form of a mobile application intended to be used on compatible iOS and Android devices.

2. Personal Data and Cookies
New Black Cosmetics collects personal data as part of this Site. To learn more about New Black Cosmetics’ practices regarding the collection, use, and disclosure of personal data, as well as provisions relating to the exercise of Visitor rights, please refer to the “Personal Data & Cookies” policy on this Site.
 

3. Intellectual Property
3.1. Site
The Site, as well as any software necessarily used in connection with it, may contain confidential information and data protected by intellectual property rights. Unless otherwise indicated, the intellectual property rights to the documents and any data of any kind contained in the Site and each of the elements composing the Site (images, illustrations, sounds, texts, graphic elements, charters, etc.), including software, databases, and newsletters, are the exclusive property of New Black Cosmetics (hereinafter the “Content”), which grants no license or right other than to consult the Site. Reproduction of all or part of the Content is only authorized for the exclusive purposes of personal and private use, any reproduction and any use of copies made for other purposes in any way and in any form being expressly prohibited. It is also prohibited to copy, modify, create a derivative work, assemble, decompile (except in cases provided by law), sell, assign, sublicense, or transfer in any way any right related to the Content. It is also prohibited to modify all or part of the Content, including the software, or to use modified versions of the software, particularly to obtain unauthorized access to the service and to access the Site by any means other than the interface provided to the Visitor by New Black Cosmetics for this purpose.

3.2. Trademark 
It is reminded that New Black Cosmetics company owns the trademark New Black Cosmetics and its logos.
The Visitor acknowledges the exclusive rights of New Black Cosmetics over the trademark New Black Cosmetics and undertakes not to use it in any way and, more generally, not to infringe New Black Cosmetics’ intellectual property rights. New Black Cosmetics reserves the right to seek damages in case of infringement or any other violation of its intellectual property rights. Similarly, the Visitor undertakes not to infringe the property rights, including intellectual property, that any company of the group to which New Black Cosmetics belongs may hold.

All other trademarks or logos appearing on the Site are the property of either New Black Cosmetics, a company of the group to which New Black Cosmetics belongs, or its providers, partners, or suppliers. Any use of these trademarks and/or logos and/or any other Content is subject to the express and prior authorization of New Black Cosmetics or the holder of the intellectual property rights concerned.

3.3. Hypertext Links
The Site may include links to other websites or other internet sources. Since New Black Cosmetics cannot control these external sites and sources, New Black Cosmetics cannot be held responsible for the availability of these external sites and sources and cannot be liable for any content, advertisements, products, services or any other information or data available on or from these external sites or sources. In addition, New Black Cosmetics shall not be held liable for any proven or alleged damages or losses resulting from or related to the use or reliance on the content, goods or services available on these external sites or sources.

Any creation of links to the Site of New Black Cosmetics, any framing of the Site, and more generally any use of an element composing the Site, is subject to the prior and express authorization of New Black Cosmetics, which may be revoked at any time at its sole discretion. New Black Cosmetics reserves the right to (*) request the removal of any link to the Site that has not been, or is no longer, authorized and (**) to seek damages for any harm suffered as a result.

4. Visitor Behavior
Every visitor must use the internet responsibly, with respect and courtesy towards the rights of other internet users.
As such, the visitor, by accessing the Site, undertakes not to:

• Download to the Site, display, email, or transmit by any other means any illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to morality, infringing on a person’s privacy, including their right to their image, hateful, or racially, ethnically or otherwise offensive content;
• Download to the Site, display, email, or transmit by any other means unsolicited or unauthorized advertising or promotional materials, “junk mail,” “false information,” “chain letters,” or any other form of solicitation;
• Download to the Site, display, email, or transmit by any other means any element containing software viruses or other codes, files, or computer programs designed to interrupt, destroy, or limit the functionality of any software or computer hardware or telecommunications equipment;
• Disrupt or interrupt the Site or servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of the networks connected to the Site;
• Attempt to disrupt the service of any user, host, or network, including, without limitation, exposing the Site to a virus, creating a saturation, flooding the server, saturating the email with messages or falsifying any TCP/IP packet header or any part of the header information in any email;
• Access data that is not intended for the Visitor or enter a server/account to which the Visitor is not authorized to access;
• Attempt to probe, scan or test the vulnerability of a system or network, or violate security or authentication measures without authorization;
• Impersonate another person;
• Engage in or incite a third party to engage in illegal activity or any other activity that would infringe upon the rights of New Black Cosmetics, its suppliers, partners, distributors, advertisers, or any other Visitor;
• Transmit or transfer (by any means whatsoever) information or software derived from the Site to other countries or certain foreign nationals in violation of national or international laws or regulations.

Recognizing the global nature of the Internet, each Visitor agrees to comply with all local and international rules and procedures regarding online behavior and acceptable content, including all applicable laws concerning the transmission of technical data.

At any time and for any reason, New Black Cosmetics may take any action necessary to terminate, without notice, the Visitor’s use of the Site or any of New Black Cosmetics’ services for any conduct that violates these Terms of Use, without prejudice to any damages that New Black Cosmetics reserves the right to claim from the Visitor in case of non-compliance with these general conditions of use of the Site.

5. Responsibility

5.1. Access and operation of the Site
The Visitor is responsible for setting up the computer and telecommunications systems necessary for accessing the New Black Cosmetics Site and for having the knowledge required to use the Internet and access the Site. The Visitor is responsible for the costs associated with connecting to the Internet and using the New Black Cosmetics Site.

The Visitor uses the Site at their own risk. Therefore, New Black Cosmetics cannot be held responsible for any damages that a Visitor may incur as a result of such use. In addition, New Black Cosmetics DISCLAIMS ALL LIABILITY FOR INDIRECT DAMAGES, REGARDLESS OF THEIR CAUSES, ORIGIN, NATURE OR CONSEQUENCES, INCLUDING IN PARTICULAR THE COSTS THAT MAY ARISE FROM THE ACQUISITION OF GOODS OFFERED ON THE SITE, LOSSES OF PROFITS, CUSTOMERS, DATA OR ANY OTHER LOSS OF INTANGIBLE GOODS THAT MAY OCCUR AS A RESULT OF ANYONE’S ACCESS TO THE SITE, THE INABILITY TO ACCESS IT, OR THE CREDIT GRANTED TO ANY INFORMATION DIRECTLY OR INDIRECTLY FROM IT.

5.2. Limitation of liability

The Site also contains information from third parties and links to other websites. New Black Cosmetics does not control the accuracy or content of such information. Consequently, New Black Cosmetics cannot be held responsible for any damage resulting from the use, access to, or inability to use such third-party information or the content of other websites.

New Black Cosmetics shall not be liable for any guarantee, of any kind, whether implied or express, concerning, in particular, the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories, or services appearing on the Site, nor their adequacy for the purpose that the Visitor intends to make of them.

Any claim filed by a Visitor against New Black Cosmetics must be made within 6 months of the appearance of the event giving rise to the claim.

6. General
6.1. Modifications

New Black Cosmetics reserves the right to modify and update the Terms and Conditions of Use without notice. To be informed of any such modifications, New Black Cosmetics advises the Visitor to regularly reread the TCU. The use of the Site will be subject to the TCU in force at the time of use.

6.2. Entirety In the event that any clause of these TCU is null and void due to a change in legislation, regulation, or court decision, this shall in no way affect the validity and compliance of the other clauses of the TCU.

6.3. Applicable Law These TCU are subject to French law.

ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION, OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN New Black Cosmetics AND THE VISITOR, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL, IN THE ABSENCE OF AN AMICABLE AGREEMENT, BE THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS. THIS JURISDICTION CLAUSE SHALL APPLY NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, EVEN FOR EMERGENCY OR CONSERVATORY PROCEDURES IN SUMMARY OR BY PETITION.

For any information, you can contact Customer Service at [email protected]

Version of June 01, 2022