Conditions of Sale
These general "Conditions of Sale" shall apply to the purchase of "Tattoo Life" brand products (hereafter the "Products") via the e-commerce website www.tattoolifestore.com or https://www.tattoolifestore.com or tattoolifestore.com (hereafter the "Website") by users falling within the definition of "Consumers". The Website is the property of Mediafriends srl., with legal office in Italy, Corso Lodi 18, 20135 Milan, Italy (VAT: IT12877390158 - R.E.A 1594429 - C.C.I.A.A MI-199024/1999) and Operative Office in Viale Papiniano 49, 20123 Milan (hereafter "Mediafriends").
Mediafriends sells the Products on the Website to the party purchasing one or more Products as the buyer (hereafter the "Consumer") (Mediafriends and the Consumer shall be referred to jointly as the "Parties").
Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to Mediafriends at the addresses set out on the Website and in accordance with the procedure also set out on the Website.
All purchases are regulated by the general "Conditions of Sale" published on the Website at the time the order is submitted by the Consumer. The Website deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Website. Should one or more sales be made to a buyer who does not qualify as a Consumer, these general "Conditions of Sale" shall be applicable but in derogation of the withdrawal right which shall not apply to the buyer. The sales contract entered into by Mediafriends and the Consumer shall be governed by Italian law.
On submitting the order, the Consumer agrees to these general "Conditions of Sale" and the confirmation of the order information shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
Consumers must be aged 18 or over in order to make purchases on the Website and have legal capacity; the Consumer declares compliance with such requirements.
Mediafriends reserves the right to amend all or part of these general "Conditions of Sale" at any moment in time and at its own discretion, with no obligation to give notice to users of the Website. Any amendments shall come into force from the date on which they are published on the Website, and will only apply to sales concluded from that date onwards.
PRODUCT SELECTION AND PURCHASING PROCEDURE
1.1. The products are sold by Mediafriends with the features described on the Website and in accordance with the "Conditions of Sale" published on the Website at the time of the order, excluding all other terms or conditions.
1.2. Sales prices, the Products sold on the Website and/or the characteristics of the same, are subject to change without notice. The Consumer is therefore advised to check the actual prices before submitting the purchase order.
PRODUCT PURCHASE PROCEDURE
1.3. The presentation of the Products on the Website, which are not binding for Mediafriends, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
1.4. The purchase order submitted by the Consumer to Mediafriends via the Website shall be a valid contractual offer and is subject to these General "Conditions of Sale", which form an integral part of said order; by placing an order with Mediafriends the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general "Conditions of Sale" carefully, further to the notice concerning withdrawal rights, to print off a copy of the same to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
1.5. The Consumer's purchase order is accepted by Mediafriends by sending an e-mail to the Consumer confirming the order, to the address provided to Mediafriends during the Website registration process, or during the order process if the Consumer has not registered on the Website; the e-mail will include a summary of the order placed and a description of the product features.
1.6. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from Mediafriends by e-mail.
1.7. The Products displayed on the Website can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to login, where already registered, or to provide their details so that the order can be completed and the contract can be concluded. The Consumer will be asked to confirm the details as well as the delivery address for the Products chosen, the billing address and a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and given the possibility to change the contents: at this point, the Consumer, is required to carefully read and expressly approve the general "Conditions of Sale" by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to Mediafriends. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by Pay Pal he will be prompted to provide the relevant data via a secure socket connection. Mediafriends reserves the right to check the personal details provided by the Consumer for accounting and administration purposes.
1.8. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Website:
- if the Consumer has not yet received the Product, Mediafriends shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Consumer during the order transmission phase and (ii) refund the Consumer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment;
- if the Consumer has received the Product, Mediafriends shall promptly notify the Consumer by email of the technical error that occurred during the order procedure, and offer alternatively, to (i) pay Mediafriends, within and no later than the next 5 (five) days, using one of the payment methods available on the Website, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or (ii) cancel the order, following the instructions provided in the same email notice on how to return the Product to Mediafriends, at the expense of the latter, within and no later than the next 15 (fifteen) days, more specifically to Mediafriends Srl, Viale Papiniano 49, 20123 Milan - ITALY, undamaged, accompanied by the original packaging and packing together with the duly completed return form attached to the email sent by Mediafriends. If the Consumer chooses the option provided in point (ii) above, Mediafriends shall refund the payments effected by the Consumer for the cancelled order, including shipping costs, without delay and, in any case, no later than 15 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment.
DELIVERY AND ACCEPTANCE OF GOODS
2.1. Whilst the Website generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on Mediafriends.
2.2 Mediafriends undertakes to do everything within its power to comply with the delivery times given on the Website and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by Mediafriends, as the Product ordered by the Consumer is not available, even temporarily, for delivery, Mediafriends shall notify the Consumer in writing and refund the amount already paid. If the Consumer has chosen bank transfer as payment method, delivery time will run from the receipt of the bank transfer by Mediafriends.
2.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Website when the order was placed. The Consumer undertakes to promptly check, within and no later than 5 (five) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify Mediafriends, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 5 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery "with rights reserved".
PRICES, SHIPPING COSTS, CUSTOMS DUTIES AND TAXES
3.1. The price of the Products on sale is that indicated on the Website at the time the order is placed by the Consumer. Product prices shown on the Website are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with Mediafriends by the Consumer is confirmed, and which the Consumer agrees to pay to Mediafriends in addition to the price shown on the Website.
3.2. The total price payable to Mediafriends will be indicated in the Order and also indicated on the order confirmation sent via e-mail by Mediafriends to the Consumer.
3.3. If the Products are to be delivered to a country outside the European Union (EU), the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of products.
3.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Consumer.
3.5. The Consumer hereby declares that where, at the time the order is placed with Mediafriends, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 3.3. and 3.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to Mediafriends.
4.1. This Website uses PayPal to process payments to guarantee our customers the utmost security in their purchase transactions. PayPal is the most widespread and secure online payment processing system and is used by millions of e-commerce sites the world over. Products purchased on the Website may be paid for through the PayPal payment processing system. If you the Consumer choose PayPal as a payment method you will be redirected to the website www.paypal.it where you can pay for Products using the procedures designed and managed by PayPal under the contractual terms and conditions agreed on by the user with PayPal. Details entered on the PayPal website are handled directly by PayPal and are not shared with or communicated to this Website. This means that Mediafriends Srl does not see or store the details of the credit card associated with your PayPal account or the details of any other means of payment connected with the PayPal website.
4.2. If the Consumer decides to pay directly by bank transfer, the order will only be processed when confirmation is received that the sum has been credited by the bank. Payment must be made within 30 days of the order date after which period the order is automatically cancelled. The order number, order date and last name of the Consumer must be included in the reason for payment box in the bank transfer.
4.3. The invoice relating to the purchase will be sent if required by the Consumer or by law, attached to the purchased product in paper format.
RETURN DUE TO DEFECT OR NONCONFORMITY
5.1. The Consumer is required to report any defects and non-conformities of the products within and no later than 5 (five) days of acknowledging the same, informing Mediafriends by sending an email to email@example.com, clearly indicating the defect and/or non-conformity detected, along with the relative information (at least 1 (one) photograph of the Product, the order confirmation sent by Mediafriends and/or the receipt).
5.2. On receiving the email and related documentation, Mediafriends shall assess the defects and non-conformity reported by the Consumer and grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the Website or placing the order; this e-mail will include the returns authorisation number . The Products that Mediafriends has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "returns authorisation number" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address: Mediafriends Srl, Viale Papiniano 49, 20123 Milan, Italy.
5.3. If Mediafriends is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending Mediafriends, using the same e-mail address firstname.lastname@example.org the bank details for the latter to be able to transfer the refund.
RIGHT OF WITHDRAWAL
6.1. The Consumer shall have the right to withdraw from any contract concluded pursuant to these general "Conditions of Sale", without incurring any penalty, within 15 (fifteen) days from (i) the day on which the Product is delivered or (ii) if several products on one order are delivered separately, from the date the last product was received.
Please read our RIGHT OF WITHDRAWAL section carefully in order to understand our Withdrawal Policy
7.1. If the customer chooses to exchange the product received, the customer is responsible for all shipping expenses incurred by returning the old product and Tattoo Life Store will cover the shipping expenses incurred to send the new product.
SHIPPING AND DELIVERY
8.1. All products purchased on the Website are delivered worldwide to the Consumer by Mediafriends trusted couriers: Ups for worldwide deliveries and/or Sda, Skynet and Poste Italiane for all EU zone destinations and Italy.
8.2. All products purchased on the Website are normally delivered within 3-5 working days from the order date if the Consumer choose UPS courier, and within 3-7 working days if you choose "Standard Shipping with other couriers" (AVAILABLE ONLY FOR EU ZONE).8.3. All shipping costs shown in the shopping cart at all stages of checkout and in the final order received by the Consumer are inclusive of VAT/Tax and fuel costs.
8.4. Deliveries may incur slight delays during holiday periods and days when couriers do not deliver. e.g. on 25/12, 26/12, 01/01 or on weekends.
8.5. An extra working day, compared to the above terms, may be required for orders paid by PayPal to allow for standard administration procedures. For orders paid for by bank transfer, delivery times will be calculated upon receiving payment confirmation.
INTELLECTUAL PROPERTY RIGHTS
9.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any images, photographs used on the Website or relating to the Products are and remain the exclusive property of Mediafriends and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Website and/or purchase of the Products.
9.2. Unless prior specific consent is granted in writing by Mediafriends no contents of the Website can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
PROTECTION OF CONSUMER PERSONAL DATA
10.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by Mediafriends in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended, the Privacy Code (Personal Data Protection Code), to process each purchase via the Website and for any other activities.
10.2. The Consumer hereby declares and guarantees that the personal details provided to Mediafriends during the registration and purchase process are truthful and accurate.
10.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to Mediafriends via e-mail to email@example.com and/or via "My Account" section on the website if already registered.
11.1. While Mediafriends takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, Mediafriends does not guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
11.2. Where data in relation to payments, Mediafriends uses the services provided by PayPal which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web. In no case Mediafriends will be responsable for the services offered by PayPal.
APPLICABLE LAW AND JURISDICTION
12.1. This general "Conditions of Sale" and any sales contracts signed between Mediafriends and the Consumer under these general "Conditions of Sale" shall be governed and construed in accordance with the Italian laws and any disputes relating to these "Conditions of Sale" will be subject to the exclusive jurisdiction of the courts of Milan.