Terms and Conditions


FOR THE ONLINE SALE OF ETOOPHARMA PRODUCTS

 

1. DEFINITIONS

1.1 Besides what is stated elsewhere in this document, the following words shall have the meaning set forth herein:

  • Etoopharma: means Etoopharma S.r.l., a company with registered office in Terno D'Isola (BG), via Marco Biagi n.95, VAT no. and registration number in the Register of Companies of Bergamo 04710380165, REA number BG - 483362, share capital Euro 200,000.00, P.E.C. address: etoopharma@legalmail.it;

  • Consumer Code: means Legislative Decree n. 206 of 6 September 2005 as amended;

  • Place of jurisdiction: means the competent court to decide on any dispute arising between the User and the Seller under these GTC;

  • Product: means cosmetic products for tattooed skin made and sold by Etoopharma on this Website;

  • Website: means the website www.etootattoo.com, developed by Etoopharma via the “Shopify” platform;

  • User: means an individual or a legal entity resident or domiciled in one of the Member States of the European Union who purchases Products from Etoopharma;

  • Seller: means Etoopharma.

1.2 Words used in the singular include the plural and vice versa, as permitted or required by the context.

2. EFFECTIVENESS OF THE GENERAL TERMS AND CONDITIONS

2.1 These general terms and conditions (hereinafter referred to as "GTC") govern the purchase of Products available on www.etootattoo.com Website, according to the current Italian regulations set forth in the Consumer Code, where applicable, and the e-commerce regulations.

2.2 These GTC regulate the use of the Website and contain the terms and conditions of Product’s purchase. The contract is concluded between Etoopharma and the User. Accepting this conditions before the conclusion of any Product’s purchase, the User declares under his/her sole responsibility that he/she reads and understands these GTC and that he/she accepts each and every terms without reserve.

2.3 If the User does not accept the GTC, he/she will not be able to use the Website’s services, including purchases.

2.4 These GTC replace all commitments, agreements, promises, proposals, statements contained in correspondence or communications between Etoopharma and the User, whether verbal or written, dated prior to the purchase of the Products from the Website.

2.5 These GTC will be updated, supplemented or amended at any time by the Seller, who shall give notice by publishing it on the Website. Such updates, amendments and/or supplements shall only be effective for purchases made after their publication. Purchases and consequent rights are governed by the GTC in force at the time of their execution.

2.6 Each article of these GTC must be considered separately and independently of the others and if one or more of them should be declared invalid or ineffective according to applicable law, this invalidity/ineffectiveness will have no effect on the remaining articles, which will remain valid and effective between Etoopharma and the User. Etoopharma holds the right to replace the article(s) declared invalid or ineffective with others in accordance with applicable law. If Etoopharma does not invoke one of the articles of the GTC at any time, this shall not be interpreted as a waiver of the right to invoke this provision later.

3. PURCHASING PRODUCTS

3.1 Products. All information relating to the Products can be found on the Website. The representation of the Products, where available, is for illustrative purposes only. Any change in packaging will not modify the quality and characteristics of the Product, as detailed on the corresponding page of the Website.

3.2 Registration on the Website. The User who wants to purchase a Product can create an account that will allow him/her to register on the Website and use all the functions offered. The creation of an account is not mandatory, as the User can also purchase from the Website in “guest mode”, without prior registration and just providing the data necessary for shipment and invoicing.

In order to create an account, to use the Website in accordance with these GTC and to purchase Products, the User must be of legal age under the law of his/her country and must have the legal capacity to conclude contracts. It is forbidden to provide fake identities or untrue contact details. Etoopharma will delete any accounts containing false or incorrect data, refunding the User of any unexecuted orders.

3.3 Personal Data. Personal data provided by Users during registration will be processed under the terms specified in the Privacy Policy available at the following link.

3.4 Purchase modalities. To proceed with the purchase, the User shall:

  • add, selecting the corresponding icon, the Product to the virtual shopping cart;

  • select the shopping cart to check the list of the selected Products, the total price and the shipping costs; at this stage the User may modify the quantity of the Products selected, adding or deleting them;

  • in order to complete the order, the User must click on “Check-out”;

  • when checking out, the User shall provide all the personal data required for the purchase and delivery of the Products, including name, surname, telephone number, delivery address and billing address (if different), as well as choose the payment method among those available.

  • Before the final submission of the order, the User will be invited to check the contents of the shopping cart, the price of the selected Products, any shipping and ancillary costs, the delivery address and the terms and conditions of payment. Once the delivery address will be confirmed in the pop-up, it will not be possible to change it.

3.5 Order Confirmation. By confirming the purchase and proceeding to payment, the User will be asked to read these GTC and accept their full content. After submitting the order, the User will receive a confirmation e-mail, on the e-mail address provided during registration, containing all the data relating to the purchase (identification number, information relating to the User, Product details, total price, payment method, shipping address).

4. PRICES AND SHIPPING

4.2 The prices on the Website are quoted in Euro at the time the order is submitted.

4.3 Product prices include VAT, but do not include shipping costs. Shipping costs will be quoted at check out, before submitting the order. Shipping costs will be free of charge in the case of orders exceeding a total amount of Euro 50,00.

4.4 The order will be processed in 2 to 6 working days.

4.5 All purchases will be delivered by couriers. The Products can be delivered all over Italy, in the territory of San Marino and in any member states of the European Union. Delivery times vary according to the destination and can be verified on the Website, after entering the delivery address and before payment.

4.6 The User acknowledges that the shipping service is entrusted to third parties and that delivery times are indicative, therefore no responsibility can be attributed to the Seller for any delays from what is declared on the Website or on the order confirmation.

4.7 Once the Products have been shipped, the User will receive a confirmation email containing the courier's details and the tracking code of the shipment, which allow to monitoring the delivery on the courier's website. The User is invited to check the e-mail account provided during registration, even in the junk mail folder, before contacting Etoopharma customer service.

4.8 The User acknowledges that collecting the Product is his/her obligation under the purchase contract. I case of non-delivery, in accordance with the terms and procedures established by the courier in charge, the Product shall be returned to the Seller and the Seller shall inform the User that he/she can request a new delivery at his/her own expense within 5 (five) days from the Seller’s communication.

4.9 If the User will not comply within the period set forth in Article 4.7 above, the contract shall be terminated and the Seller shall refund the amount paid by the User, less any expenses incurred.

5. PAYMENTS

5.1 The User may purchase Products directly from the Website. The total price is charged at the time the order is submitted.

5.2 The User can choose the payment methods listed on the Website page at the time the order is submitted.

5.3 The User acknowledges that the payment service is developed and fully managed by third parties and that Etoopharma is not liable for any inefficiency, error or delay of the payment systems that do not allow the User to finalize the purchase.

5.4 Credit card data (card holder, card number, expiry date, security code) as well as credentials for accessing payment applications are encrypted and managed exclusively by the payment provider. Etoopharma has no access to and does not store any data and credentials used by the User to pay for the Products, not even when the User saves the payment methods and related credentials from his browser.

6. INVOICING OF ORDERS

6.1 If the purchase is made by a professional user or a legal entity, it will be possible to request, during the order process, the related invoice by providing the necessary information, including tax code and/or VAT number, PEC address or SDI code.

6.2 In this case the invoice, in electronic format, will be sent to the Exchange System indicated by the User and a courtesy copy can be sent by e-mail to the address indicated during purchase or registration upon request to store@etootattoo.com.

6.3 The professional user or the legal entity shall provide correct data and information and check it before submitting the order, as if the invoice is not requested at the time of ordering, it will not be possible to request it later.

6.4 For professional users and legal entities, the right of withdrawal provided for in Article 7 does not apply, and therefore requests for returns or refunds relating to purchased Products shall not be accepted, except in the case of Product conformity defect warranty, as set forth in Article 8.

7. RIGHT OF WITHDRAWAL

7.1 This Article 7 applies only to the User identified as a “Consumer” pursuant to Article 3 of the Consumer Code. If the User purchases with a VAT number, the User cannot exercise the right of withdrawal.

7.2 The Consumer User has the right to withdraw from the contract, without stating any reasons, within 14 (fourteen) days from the date of delivery of the Product.

7.3 The right of withdrawal is excluded for custom-made or clearly customised products and for sealed products that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.

7.4 To exercise the right of withdrawal, the User must promptly inform Etoopharma of the decision to withdraw from the contract by sending an e-mail to the following e-mail address store@etootattoo.com, declaring his/her will, attaching the order confirmation e-mail sent by Etoopharma and specifing the date of delivery of the Products.

7.5 In the event that the User exercises the right of withdrawal, the User shall return the Products without undue delay and no later than 14 (fourteen) days from the date on which he communicated to Etoopharma his intention to withdraw from the contract, following the terms and conditions set out in article 9 below.

7.6 In case the right of withdrawal is exercised, pursuant to article 56 of the Consumer Code, the price paid for the purchase of the Product/s, minus shipping costs, will be refunded without undue delay and in any case within 14 (fourteen) days of the Product’s return, if undamaged. The refund will be issued using the same payment method used for the purchase, unless otherwise expressly agreed. In any case, the User shall not incur any costs as a consequence of the refund, except, as explained above, for the return shipping costs.

8. WARRANTY

8.1 The Products must be used, as indicated on the packaging of each Product, within a period of 6 (six) months from the date of opening.

8.2 Etoopharma will be liable for any lack of conformity that may occur:

  1. within the term of 6 (six) months from the date of opening which occurred within 2 (two) years from the date of delivery of the Product;

  2. within a period of 2 (years) from the date of delivery of the Product if the Product has remained sealed and has not been opened.

8.3 The following shall not be regarded as lack of conformity:

  1. the characteristics of the Products imposed by a mandatory legal prescription or binding measure;

  2. defects caused by misuse or improper use or use not in accordance with the instructions on the packaging of the Products or on the Website;

  3. defects caused by incorrect storage of the Product or accidental events (e.g. impact, fall, accidental breakage);

  4. defects appearing after 6 (six) months from the date of opening and/or after the expiry date of the Product;

  5. defects caused by the use of the Products in conjunction with others, not expressly authorised in the use instructions of the Product.

8.4 In the event of a lack of conformity of the Product, the User may request, at his/her option: (i) replacement of the Product, (ii) a proportional reduction of the price or (iii) termination of the contract. In any case, the User shall return the Product to the Seller.

8.5 The User may not request termination of the contract if the Product's lack of conformity is minor.

8.6 Any request for warranty service must be submitted in writing by e-mail to store@etootatoo.com, specifying the defect found, the date on which it occurred and documenting the defect through photographs or video. Etoopharma will contact the User within 10 (ten) working days after the warranty written request. Etoopharma may ask the User for further information and/or documentation to ascertain the existence and type of defects claimed. If Etoopharma ascertains the existence of the defect and such defect complies with the requirements set in this article, Etoopharma will provide written notice to the User, giving instructions for the return of the Product.

9. RETURN INSTRUCTIONS

9.1 In any case in which the User must return the purchased Products to the Seller, the Products must be returned in the same condition in which they were found at the time of delivery, complete with all their parts, components and accessories, labels and packaging, as far as possible using the original packaging, or if it’s not possible, using packaging suitable for transport, in order to protect the Product from any damage or alteration.

9.2 Etoopharma holds the right to inspect the Products upon receipt and reject the claim if the Products do not comply with the above requirements.

9.3 The User shall be liable for any decrease in value of the Products resulting from any handling of the Product other than what is strictly necessary to establish the nature, characteristics, and functioning of the Product itself, as well as for the packaging of the Product to be returned.

9.4 In the event of transport damage occurring during the return, Etoopharma shall notify the User within 5 (five) working days after receiving the Product, allowing the User to complain to the courier.

9.5 Any Products damaged during return delivery will be made available to the User for send back and, at the same time, the User’s request for withdrawal/refund will be cancelled.

10. INFORMATION AND LIMITATIONS OF LIABILITY

10.1 The information on the Products provided through the Website is constantly updated.

10.2 Etoopharma holds the right to change, supplement or update the information of the Products at any time, without prior notice, even after submission of orders.

10.3 Except in the case of wilful misconduct or gross negligence, the compensation for any damage suffered by the User is limited to damage directly related to the correct use of the Product, as indirect damages, as well as any damages due to delay, improper use or in case of use non-compliant with the indications on the packaging or on the Website, are expressly excluded.

10.4 All contents and data on the Website are for information purposes only and intended for a pre-purchase User’s awareness.

11. MAJOR FORCE

11.1 Etoopharma shall not be liable for any delay, or failure to perform its obligations, if depending from events beyond its reasonable control (so-called force majeure).

12. APPLICABLE LAW AND DISPUTE RESOLUTION

12.1 These GTC are governed by Italian law.

12.2 For any dispute relating to the use of the Website and the purchase of Etoopharma's Products, the User Consumer may apply for ADR procedures referred to in articles 141 to 141-decies of the Consumer Code. The Online Dispute Resolution platform of the European Commission is available at http://ec.europa.eu/odr.

12.3 For any disputes relating to the interpretation, execution or termination of this contract or of individual purchase orders, if the User is a Consumer, the Court of the User's city of residence shall have exclusive jurisdiction. In all other cases, the Court of Bergamo shall have exclusive jurisdiction.

13. CONTACTS

13.1 For any information, complaint or clarification in relation to these GTC, to the Website and/or its functionalities, the User may contact Etoopharma by email at store@etootattoo.com.

Last update, 8 January 2025