1.Preambles
1.1.
Istituto Image S.r.l. (hereafter also referred to as “the Company”) conducts medical and healthcare activities in its clinic, Image Regenerative Clinic, located at no. 14 Via Pietro Mascagni, Milan. It does so by harnessing innovative, regenerative medicine, with state-of-the-art, anti-ageing aesthetic beauty techniques and reconstructive plastic surgery. It also sells cosmetic products (“Products”) via its Website www.istitutoimage.it and www.istitutoimage.com (the “Website”), as well as beauty treatments (“Treatments”) for the end consumer (“the Buyer”).
1.2.
The Buyer declares and guarantees that it does not purchase Products from the Company’s Website for professional purposes, and that they are intended for personal use only.
1.3.
These General Terms and Conditions of Sale apply, without any limitation or condition, to sales of all Products and Treatments offered by Istituto Image S.r.l. via its Website, which may be accessed:
– via Internet at www.istitutoimage.it and www.istitutoimage.com.
1.4.
Buyers must examine these General Terms and Conditions of Sale with care before purchasing Products and/or Treatments through the Website.
1.5.
These General Terms and Conditions of Sale can be printed and saved by anyone visiting the Website. In placing an order (“Order”) for a Product and/or Treatment on sale on the Website, the Buyer wholly and unreservedly accepts these General Terms and Conditions of Sale.
1.6.
Istituto Image S.r.l. reserves the right to modify these General Terms and Conditions of Sale at any time. In any case, the General Terms and Conditions of Sale that apply to an Order are always those accepted by the Buyers at the time of submitting the Order.
1.7.
By accepting these General Terms and Conditions, the User accepts the contractual proposal submitted by Istituto Image S.r.l. Acceptance of these General Terms and Conditions is necessary and obligatory in order to purchase any Products and Treatments sold by the Company.
2.Subject
2.1.
The subject matter of these General Terms and Conditions is the sale by Istituto Image S.r.l., through the Company’s Website, of cosmetics and products for care of the face, body and environment, as well as treatments to be carried out at Image Regenerative Clinic.
2.2.
The Buyer may select one or more Products and/or Treatments from the various categories available on the Website.
2.3.
In publishing its Products and Treatments on its Website, the Company invites the Buyer to make a contractual purchase proposal. Any orders submitted by the Buyer are considered a contractual proposal, and imply the complete understanding and acceptance of these General Terms and Conditions, which are made available for Buyers to examine and accept during the purchase process.
2.4.
Before submitting the Order, the Buyer can read the information on the Website, which is provided as per Article 49 of Legislative Decree dated 6 September 2005, no. 206 (“Consumer Code”). By way of illustrative and non-exhaustive example, this can include details about the Seller, the price including taxes and transportation costs, the basic features of the Product(s) or Treatment(s) the Buyer wishes to purchase, along with any other mandatory information required by Italian law.
2.5.
The Buyer is entitled to verify details of his or her Order, and to correct any errors before confirming/sending the Order.
2.6.
When the Buyer confirms the Order by clicking on “Place Order”, or one of the PayPal buttons (if the Buyer has selected this payment method), the Buyer declares he/she has knowingly accepted the content and conditions of the Order, including these General Terms and Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the Products, as well as the type and date on which the Treatments ordered by the Buyer will be provided.
2.7.
Once the Order has been submitted, the Buyer may not alter and/or cancel it.
2.8.
Any Purchase Contract entered into by Istituto Image S.r.l. and the Buyer is considered finalized once the Buyer has submitted the order, and the price for the Products and/or Treatments has been paid by the Buyer.
2.9.
Istituto Image S.r.l. will send the Buyer an email confirming receipt of the Order, which will include specific information about the Products and/or Treatments purchased, the amounts paid, and the Buyer’s payment method.
2.10.
The Buyer may view the status of his/her Orders in the reserved area of the Website. In particular, on receiving the confirmation email described in point 2.9 above, the status of the order will show as “processing” until the Order is dispatched, notice of which will be sent to the Buyer in a second email.
2.11.
If payment is not successful, the status of the Order will show as “awaiting payment,” and the Buyer will be sent a confirmation email only once successful payment is made.
2.12.
The Buyer is hereby informed that the above emails will be sent to the email address supplied by the Buyer when the Account is created and/or during subsequent registration. The Company shall not be held responsible if the Buyer provides an invalid email address. Nor will it be held responsible for the Buyer’s failure to receive the Order Confirmation email for reasons not directly attributable to Istituto Image S.r.l. In such cases, the sale will be considered final. However, the Buyer can exercise the right of withdrawal under the conditions specified in Article 7 of these General Terms and Conditions of Sale.
2.13.
The Company may change the range of Products and Treatments sold via the Website at any time, particularly where due to reasons related to its suppliers and/or information provided by them, such as prices, descriptions, or product availability, without the obligation to provide prior notice. Istituto Image shall not make any changes to the price, availability or description of any product once the Company has accepted the Order submitted by the Buyer.
2.14.
The Products comply with legislation in force in Italy when the Order is placed. The Company cannot be held responsible for the failure of the products to comply with legislation of the country where the Buyer wishes delivery to be made. The Buyer is responsible for verifying the means of importing and/or use of the products and services ordered with the local authorities in the country to which the products are being delivered. The Company cannot guarantee that the information on the product packaging will be translated into every language of the European Union. This information will, however, be provided in Italian and English.
2.15.
The offers presented by the Company are valid for the amount of time they are published on the Website, and subject to the availability of stock. For any products not immediately available in Istituto Image’s warehouses, any offers on the Website will be valid subject to availability. The Buyer will be sent information about product availability with the Order Confirmation Email. Since this information comes directly from suppliers, the Company cannot rule out the possibility of occasional errors or variations occurring. In any case, if a product should prove wholly or partially unavailable after the Order has been placed, the Buyer will be notified immediately via email that the product is unavailable, and the Order will be cancelled wholly or in part.
3.Price and payment method
3.1.
The prices of the Products and Treatments sold on the Website are given in Euros, and are valid prices when the Buyer places the Order. The Company may change the price of sale of the products at any time and without prior notice. Any such changes will be notified to the Buyer before any Order is placed.
3.2.
The prices of the Products and Treatments include VAT (where required) which applies when the Order is made. Any changes in the applicable VAT rate will automatically be reflected in the price of the products sold by Istituto Image through the Website.
3.3.
All Orders are payable in Euros, including taxes and mandatory contributions. Any bank charges must be borne solely by the Buyer (including in the event of a refund).
3.4.
The prices of the Products do not include shipping costs, as described in article 4 below. Given that these costs cannot be calculated in advance, they will be calculated and invoiced to the Buyer over and above the price of the products.
3.5.
Payments for fulfilling Purchase Contracts stipulated via the Website can be made using the electronic payment methods indicated on the Website.
3.6.
The Company reserves the right, at its own discretion and at any time, to suspend or cancel fulfilment of an Order and/or shipping of ordered Products, and/or the provision of Treatments, in the event of non-payment or partial payment of any amount owed by the Buyer. The same shall apply in the event of delayed payment, or in the case of fraud or attempted fraud involving use of the Istituto Image Website, including in relation to previous Orders.
3.7.
The ordered Products shall remain the property of Istituto Image until full payment for the Order, including shipping costs, taxes and other mandatory fees (where applicable), has been made by the Buyer.
4.Costs and shipping
4.1.
Shipping costs vary, depending on the delivery address provided for the products and the shipping method selected by the Buyer when placing the Order. The shipping costs will be displayed in the Order summary before the Buyer confirms the Order.
4.2.
Shipping is free of charge for Products and/or Treatments with a total price greater than € 180.00.
4.3.
Shipping costs may be changed by the Company at any time, but the changes will not apply to Orders already sent and accepted by Istituto Image S.r.l.
4.4.
Shipments are processed in three working days within Italy, and six working days to foreign countries.
4.5.
During periods of high demand (e.g., Black Friday, Christmas and Sales), delivery times may increase. Istituto Image S.r.l. cannot be held responsible for any delays in respect of the estimated delivery times.
5.Product delivery method
5.1.
The ordered Products are delivered by a courier appointed by Istituto Image to the recipient at the address given by the Buyer when placing the order (“Shipping Address”). Once the Products are handed over to the carrier, the Buyer will receive an email confirming that the order has been dispatched. Delivery is considered complete when the product is handed over to the Buyer at the Shipping Address.
5.2.
The Carrier’s representative will deliver the Order to the Buyer or recipient, and ask them to sign an electronic receipt. This electronic receipt will serve as proof of delivery by Istituto Image, and that the ordered products have been received by the Buyer or recipient of the Order.
5.3.
Deliveries are made on weekdays (Monday to Friday). If no one can take delivery of the Products, a note of attempted delivery will be left at the Shipping Address, allowing the Buyer or recipient of the Order to contact the carrier at the address/contact information on the note to arrange a new delivery. If expressly stated by the Buyer or recipient of the ordered products, the products can be delivered to a third party.
5.4.
If the carrier is not contacted, it will make another delivery attempt after the first. If it is not possible to deliver the package after two delivery attempts, the Buyer or recipient of the order will be sent the address of the Carrier Centre where the package can be collected. The package will be held there for 5 (five) days at no cost to the Buyer or recipient of the order. After this period, storage of the package at the Carrier Centre will incur a cost of € 0.90 per day, to be borne by the Buyer or recipient of the Order. In any case, the Buyer or recipient of the Order will be required to pay the Carrier €6.00 for handling, in addition to any redelivery costs.
5.5.
No claims can made regarding the shipment itself once the package has been delivered. To this end, the carrier’s computer system is considered proof of delivery.
5.6.
The Buyer is required to verify the condition of any Products delivered. If the packaging shows clear signs of tampering or alteration, the Buyer must refuse the delivery. If the Buyer accepts the delivery in spite of any such signs, he or she must note the defect on the transport document and promptly notify Istituto Image at shop@istitutoimage.com.
5.7.
If a Product is missing, damaged, or defective, the Buyer or recipient of the Order must report the missing item, defect, non-conformity or damage of the ordered products to Istituto Image by sending an email to the following email address: shop@istitutoimage.com.
5.8.
If a product is non-conforming, as set out in Article 129 of the Consumer Code, the legal warranty stipulated under Articles 130 and 133 of the Consumer Code applies. The Buyer is accordingly entitled to have the Product repaired or replaced. Where such remedies should fall short, the Buyer is entitled to an appropriate reduction in price, or to terminate the contract. The Buyer forfeits these rights if he or she does not notify the Company of the non-conformity within two months of the date when the defect is discovered. Istituto Image is liable when the non-conformity becomes apparent within two years of delivery of the product. Any actions taken in respect of defects not fraudulently concealed by the Company are in any case time-barred to within twenty-six months of the product’s delivery.
5.9.
The Company may request information regarding the identity of the Buyer or recipient of the order, and conduct any verifications it deems necessary. Istituto Image will inform the Buyer or recipient regarding the procedure to follow for returning damaged or defective Products, or for obtaining missing products.
5.10.
Once the products have been received, the Company will verify whether the Products are in fact defective, damaged, or not as described on the Website. If this evaluation proves positive, in accordance with the provisions of Articles 130 et seq. of the Consumer Code, the Company will replace the defective, damaged or non-compliant Product and send it to the Buyer as soon as possible, and in any case within 15 (fifteen) working days of receipt of the Products. The shipping costs will be borne by the Company in full. If Istituto Image is unable to replace the Products within the above timeframe, the Company will immediately inform the Buyer at the email address submitted with the Order, and will refund the Buyer the cost of said Products and shipping costs, on condition that the Buyer provides proof of the cost incurred for returning the Products. The refund will be made as soon as possible by Istituto Image using a method chosen at its own discretion, and in any case within 15 (fifteen) working days from when the products were received.
5.11.
If, after examining the returned products, the Company reasonably believes that the products cannot be considered defective, damaged or non-compliant with the description on the Website, the Buyer will not be entitled to a refund, and the products will be returned.
5.12.
Purchase invoices are sent via email to the email address provided by the Buyer at the time of the order.
6. Receiving the treatments
6.1.
The Order Confirmation Email sent to the Buyer will include the details of the Treatment purchased, as well as the address and contact information of Image Regenerative Clinic and the facility in which the Treatment can be received.
6.2.
The User will then be contacted by a member of the Admin team at Image Regenerative Clinic (alternatively, Users can contact the facility themselves using the contact information provided in the Order Confirmation Email), in order to schedule an appointment for the treatment.
6.3.
Once the appointment has been scheduled, without prejudice to the Buyer’s right of withdrawal under the Terms and Conditions of Article 7, any cancellations must be communicated by the Buyer to Istituto Image S.r.l. via email, with at least 24 hours’ notice prior to the date agreed for the treatment at the facility. Failure to provide such notice may result in Istituto Image S.r.l. withholding 50% of the amount paid by the Buyer.
7.Duration and right of withdrawal
7.1.
These General Conditions, as amended as and when applicable, shall apply for as long as the Products and Treatments are sold on the Website, and until expiry of the warranty periods.
7.2.
In accordance with Article 52 of the Italian Consumer Code, and subject to the exemptions set out in Article 59 of the Code, the Buyer may, within a period of 14 (fourteen) days of receiving the package containing the ordered Product, or – in the case of the purchase of multiple Products ordered by the Buyer in a single order and delivered separately, from receipt of the last purchased item – withdraw from the purchase contract without any penalty and without stating any reason.
7.3.
Where a purchased Treatment is concerned, the right of withdrawal pursuant to Article 52 of the Italian Consumer Code can be exercised by the Buyer within 14 (fourteen) days from the date of receipt of the Order Confirmation email, provided that the Treatment has not yet been carried out.
7.4.
In exercising the right of withdrawal described in this article, within the specified timeframe and according to the following conditions, the Buyer is entitled to receive a refund for the amount paid for the returned Products and/or any unperformed Treatments, excluding shipping costs. The refund will be credited to the credit card or PayPal account provided by the Buyer during the purchase, if the obligations regarding returns set out in points 7.9 and 7.10 have been respected.
7.5.
In accordance with Article 57, paragraph 1 of the Italian Consumer Code, any shipping costs incurred for returns will be solely borne by the Buyer.
7.6.
In order to exercise the right of withdrawal, the Buyer (who, in acknowledging these general conditions of sale, declares that he/she has been fully informed of the returns policy for Products stated in points 7.10 and 7.11 by the timeframe indicated) must send an email to shop@istitutoimage.com indicating the Order number and Products the Buyer intends to return, and/or the Treatments he/she does not wish to use, notwithstanding the points stipulated above regarding appointments that have already been scheduled.
7.7.
With regard to Treatments, the Buyer is required to inform Istituto Image S.r.l. of the cancellation of any reservations made within the timeframe indicated in point 7.3 above if, as specified, the Treatment has not yet been performed.
7.8.
In particular, the Buyer must:
– use the original packaging for returning Products delivered to a European Union member State; the package must be sent together with a declaration of the product’s return within the date and a signature, duly filled out and signed, via postal service and/or designated courier, to the following address: Istituto Image S.r.l. c/o Bibico S.r.l. Società Benefit, Via Pietro Mascagni 14, 20122 Milan;
– when returning a Product delivered to a country that is not a member State of the European Union, the Buyer must use the original packaging. The package must be sent together with the completed and signed customs documents, duly filled out and signed, via postal service and/or designated courier, to the following address: Istituto Image S.r.l. c/o Bibico S.r.l. Società Benefit, Via Pietro Mascagni 14, 20122 Milan.
7.9.
The Products must be substantially intact when returned to the Company, with their original packaging, accessories, instructions for use and any other items provided with them. Any Products returned by the Buyer that do not meet these requirements will be reshipped to the Buyer’s Delivery Address by Istituto Image S.r.l., at the Buyer’s expense.
7.10.
Products must be returned without undue delay, and in any case no later than 14 (fourteen) days from the date on which the buyer submitted the declaration of the product’s return as per point 7.7 above.
7.11.
The Company only accepts packages or recorded delivery items with the correct address.
7.12.
Istituto Image S.r.l. will send an email to the Buyer’s email address to confirm receipt of the returned goods and that compliance with the requirements under point 7.10 above has been verified, as well as informing the Buyer that the refund has been processed.
7.13.
The refund of the price paid to purchase the Product will be processed within 15 (fifteen) working days from the date on which the Product is returned by the Buyer to the company, provided that the Product meets all the requirements mentioned in point 7.10 above.
7.14.
The refund of the price paid for the purchase of the Treatment will be processed within 15 (fifteen) working days from the date of sending the email as per point 7.8 above.
7.15.
Any risks associated with returning the Products will be solely borne by the Buyer, unless the Buyer provides evidence of having entrusted the Products to a carrier for the return shipment.
7.16.
The provisions set out in Article 5 of these General Conditions regarding non-conformity or damage to the Products shall in any case remain applicable.
8.Obligations of the Buyer
8.1.
The Buyer declares he/she has full legal capacity to act and enter into a purchase agreement for the Products and/or Treatments on the Website, in accordance with these General Terms and Conditions of Sale. Istituto Image S.r.l. is not required to check the legal capacity of Buyers and persons visiting the Website. If a person without the necessary legal capacity (such as a minor) places an Order on the Website, notwithstanding the parents’ or legal guardians’ responsibility for the Order and its payment, the Company may refuse to accept the Order.
9.Limitations of liability
9.1.
Istituto Image S.r.l. shall not be held liable for any breaches of these General Terms and Conditions, even if foreseeable, where these can be attributed to the actions of a third party, the fault of the Buyer, a force majeure event or any other event not reasonably considered under the exclusive control of the Company.
9.2.
The information and content on the Website are provided on an “as is” basis. The Company does not supply any warranty, whether express or implied, regarding the integrity, accuracy, timeliness, non-infringement of third-party rights, availability, reliability, or completeness of the information and content, including but not limited to information about products, accessories or services on the Website, and/or their suitability for a given purpose.
9.3.
The Company declines any liability for direct and indirect damages, whether foreseeable or not, resulting from or related to the use of the Website by the Buyer. In the event that Istituto Image S.r.l. should be held liable for any harm suffered by the Buyer solely as a result of transmission of an Order, the liability shall be limited to the amount of the order paid by the Buyer to the Company.
10.Intellectual property rights
10.1.
All figurative and non-figurative trademarks on the Website, as well as images, illustrations, logos and any other content on the Website (including, without limitation, these General Sales Conditions), are solely the property of Istituto Image Srl, and/or the respective owners of the intellectual property rights related to them.
10.2.
The reproduction, in whole or in part, modification or use of the trademarks, illustrations, images and logos, or any other content on the Website, for any reason and involving any means, without the express written authorisation of Istituto Image Srl and/or the respective owners of the intellectual property rights related to them, is strictly prohibited.
11.Data protection
11.1.
This Agreement has been drafted in accordance with the provisions of the European General Data Protection Regulation (GDPR), number 679/2016.
11.2.
For any information regarding the processing of the Buyer’s personal data and, if applicable, the data of the party receiving the Order from Istituto Image Srl, please refer to the Privacy Policy of the e-commerce section, available in the ‘Privacy Policy’ section.
12.Applicable law and court of jurisdiction
12.1.
This agreement is regulated and governed by Italian law, regardless of the place to which the Order is dispatched.
12.2.
For all matters not expressly stipulated in the contract, reference shall be made to the provisions of the Italian Civil Code and legislation in force at the time.
12.3.
Any dispute arising from or linked to this Agreement, including, without limitation, any matter relating to its existence, validity, invalidity, breach, termination, enforcement and/or interpretation, shall be subject to the sole jurisdiction of the competent Court, based on the place of residence or domiciled address of the Buyer, if located within Italian territory.
13.Final provisions
13.1.
The Parties hereby declare that the contents of these General Conditions of Sale correspond with the will expressed by them.
13.2.
Any tolerance by either Party of a breach of one or more provisions of these General Conditions of Sale by the other Party shall not constitute, nor be interpreted as, a waiver by that Party of the rights to which it is entitled as a result of the breach.
13.3.
Without prejudice to Article 1419 of the Civil Code, if any provision of these General Terms and Conditions is, or becomes, invalid or ineffective under applicable law or arbitral rulings or judgements, the validity and effectiveness of the remaining provisions shall not be prejudiced in any way, unless the effectiveness of these General Conditions is compromised.
These General Terms and Conditions of contract must be signed and accepted using electronic means, and ensuring the Buyer is wholly aware of and understands the rights to which he/she is entitled.
In accordance with and for the purposes of Articles 1341-1342 of the Civil Code, the Parties declare that they have read all the articles of this agreement and unconditionally accept and approve them, without any reservations or exceptions, and that they specifically approve the contents of the following articles: 1) Preambles; 2) Subject; 3) Price and payment method; 4) Costs and shipping; 5) Product delivery methods; 6) Receiving the Treatments; 7) Duration and right of withdrawal; 8) Obligations of the Buyer; 9) Limitations of liability; 10) Intellectual property rights; 11) Data protection; 12) Applicable law and court of jurisdiction; 13) Final provisions.
