Terms of service

ESUI sells the products on its website exclusively to retailers and final consumers. All orders that clearly do not constitute a retail sale, and in general, any order that is fraudulent or deemed fraudulent in the sole opinion of ESUI, will be considered null and void and as never received.
The Buyer represents and warrants that the purchase of products on the ESUI website is not made in the course of his/her professional activity, and is intended for strictly personal use.

For the purposes of these General Terms and Conditions of Sale, the Buyer and ESUI are individually or jointly referred to as the Party or Parties, respectively.
The purpose of these General Terms and Conditions of Sale (hereinafter the "GCS") is, on the one hand, to inform each potential Buyer of the terms and conditions under which the seller (hereinafter "ESUI" or "the Seller") carries out the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the Parties in relation to the sale of the products by ESUI to the user (formerly and hereinafter the "Buyer"). The GCS apply, without limitation or condition, to all sales of products offered by ESUI on its website (hereinafter the "Site" or the "Website"), which is accessible:
- via the Internet at www.esui.skin.
These General Terms and Conditions of Sale must be carefully examined by the Buyer before completing the procedure for purchasing products and/or services via the Internet Site.
These General Terms and Conditions of Sale may be printed and retained by any person who has visited the Website. The submission by the Buyer of a purchase order ("Order") for a product and/or service offered for sale on the ESUI website implies full and unconditional acceptance of these General Terms and Conditions of Sale, as well as of the General Terms and Conditions of Use of the Website.
ESUI reserves the right to amend these General Terms and Conditions at any time. In any event, the General Terms and Conditions of Sale applicable to an Order are always those accepted by the Buyer at the time the Order is placed.
These General Terms and Conditions of Sale form an integral part of the General Terms and Conditions of Use of the ESUI Site, which can be viewed and downloaded at any time in the "Legal Information and Privacy" section of the Site.
Section A - Information pursuant to Article 49 of the Consumer Code

 

ARTICLE 1 - SELLER INFORMATION

Company name: ESUI by Kim Soo Hyoune
Registered office: Via meleto 2 int.5 Greve in Chianti
Postcode: 50022
City: Florence
Country: Italy
VAT NO: 07245920488
Company Register No: FI 689929

 

ARTICLE 2 - PRODUCT CHARACTERISTICS

The Buyer may select one or more products and/or services available on the ESUI website.
ESUI may change the assortment of products offered for sale on its website at any time, especially for reasons relating to information on them such as prices, product descriptions or availability, without prior notice. ESUI will not make any changes to the price, availability or description of any product after having accepted the Order placed by the Buyer.
Before sending the Order, the Buyer may view on the ESUI website all the information referred to in article 49 of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") such as, purely by way of example and not limited to, information relating to the. Seller, the price, including taxes and shipping costs, the essential characteristics of the product(s) or services he wishes to purchase and all other mandatory information required by Italian law.
The products comply with the legislation applicable in Italy in force at the time of the Order. ESUI cannot be held liable for the non-compliance of products with the legislation of the country to which the Buyer wishes delivery to be made. The Buyer is required to check with the local authorities in the country of delivery of the products on how the products and services he intends to order are to be imported and/or used. ESUI cannot guarantee that the information on product packaging is translated into all languages of the European Union. However, this information will be available at least in Italian, English and/or Korean.
For any questions regarding the products and their use, for any further questions or requests for advice, the Buyer can contact the ESUI Beauty Consultants team by sending a WhatsApp message to Customer Service on +39 334 8285864 from Monday to Friday, 10 a.m. to 6 p.m.

 

ARTICLE 3 - PRODUCT AVAILABILITY

Offers made by ESUI are valid for as long as they are published on the Site and within the limits of available stocks. For products not immediately available in ESUI by Kim Soo Hyoune's warehouses, the offers published on the Site will be valid subject to availability. Information on product availability will be provided to the Buyer when an e-mail is sent confirming receipt of the Order ("Order Confirmation E-mail"). As this information comes directly from ESUI from suppliers,
ESUI cannot exclude the possibility of errors or variations occurring from time to time. In any case, and in the event that, after the Order has been sent, there is a total or partial unavailability of the product, the Buyer will be immediately informed by e-mail of the unavailability of the product and the total or partial cancellation of the Order.
In case of total cancellation of the Order:
- Cancellation of the Buyer's Order will take place automatically, without any charge to the Buyer.
- ESUI's Customer Service will contact the Buyer to inform him of the cancellation and to advise him to place a new Order excluding the unavailable product.
In case of partial cancellation of the Order:
- The Buyer’s Order will be partially confirmed by only charging the amount for available
products, as indicated in the Order Confirmation e-mail.
- The available products will be delivered to the Buyer.

 

ARTICLE 4 - PRODUCT PRICES

The prices of the products offered for sale on the ESUI Website are indicated in euros and are the prices in force at the time the Order is placed by the Buyer. ESUI may change the sale prices of products at any time and without prior notice. The Buyer will be notified of this change before any Order is placed.
The prices of the products offered for sale on the Website are applicable in the context of distance selling via the Internet and may differ from the retail prices applied in ESUI sales outlets in the territory.
Product prices include VAT applicable at the time the Order is placed. Any change in the applicable VAT rate will automatically be reflected in the price of products sold by ESUI via the Site.
Product prices do not include shipping costs, and these vary depending on the address indicated for delivery of the products by the Buyer when placing the Order. They are displayed in the Order summary prior to the Buyer's request for confirmation of the Order. Shipping costs are described below in these General Terms and Conditions and may be changed at any time by ESUI, but changes will not be applied to Orders already sent and accepted by ESUI. ESUI invites the Buyer to regularly consult the General Terms and Conditions of Sale.
The different shipping methods are indicated below. The costs and times for the different modes of delivery can be found in the Shipping Costs and Times section.

 

ARTICLE 5 - PAYMENT

5.1 PAYMENT METHODS
Payment can be made online, at the time of the Order, by the Buyer by Credit Card, PayPal,
Google Pay (if on Chrome or Android), Apple Pay (if using Safari or IOS).
All orders are payable in euros, including taxes and compulsory contributions. Any bank charges will be borne exclusively by the Buyer (even in the event of a refund).
In the event of non-payment or delayed payment of the Order by the Buyer, ííí reserves the right to apply default interest at the legal interest rate as of the tenth business day following the date of the Order or the notification of rejection of the bank payment.
ESUI reserves, in any case, the right to suspend or cancel, at its own discretion and at any time, the execution of an Order and/or the shipment of the products ordered in the event of non-payment or partial payment of any sum owed by the Buyer, and in the event of late payment or in the event of fraud or attempted fraud through the use of the ESUI Website, including in relation to previous Orders.

5.2 MEANS OF PAYMENT
The Buyer assures ESUI that he has the necessary authorisations to use the payment method chosen for his Order at the time of placing the Order. The means of payment accepted by ESUI are as follows:
- Credit Cards
The credit cards accepted on the ESUI website are as follows: Visa, American Express and Master Card. These payment cards must be issued by a bank or financial institution based within the European Union or in Monaco.
Customers using an iOS device can also pay their purchases via Apple Pay with an active credit card.
- PayPal
If the Buyer has a PayPal account, he/she may choose this payment method. In this case, the Buyer will be redirected to the PayPal site to proceed with payment. It is not possible to use the PayPal payment method to supplement an ESUI Gift Card.
- ESUI gift card
Gift cards purchased in Italy via the Site can be used on the Site one or more times to pay for an Order until the amount of credit available is reached, supplemented, if necessary, by another form of payment accepted by ESUI. It is not possible to supplement an ESUI Gift Card with the PayPal payment method. Only one ESUI Gift Card is accepted per Order.
- Online vouchers
Online vouchers are a credit issued exclusively by ESUI in Italy and can only be used by the
beneficiary on the ESUI website, excluding ESUI shops. It is valid for one year from the date of issue.
- Apple Pay
If you use an iOS device, you can also pay for your order placed on the mobile app via Apple Pay with an active credit card.
- Google Pay
If you use an android device, you can also pay your order placed on the mobile app via Google Pay with an active credit card.

5.3 SECURITY WHEN PROCESSING PAYMENT TRANSACTIONS
In order to guarantee the security of payments made by credit card, the Buyer shall transmit to ESUI the security code (CVV) indicated on the credit card used by the Buyer. ESUI also reserves the right to request a photocopy of the Buyer's identity card for each payment made by credit card, as well as any other information relating to the identity of the Buyer that may be necessary for the identification of the same in order to guarantee the security and correctness of the transactions made through the ESUI website. As part of the fight against Internet fraud, information concerning the Buyer's Order may be transmitted to third parties authorised by law or designated by ESUI for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the place of delivery. ESUI uses a secure payment instrument called the 'Paybox System'. Payment security is based on the authentication of the Buyer and the confidentiality of all data. To ensure this security, the Paybox System uses proven encryption techniques and complies with the various banking regulations applicable in Italy.

 

ARTICLE 6 - DELIVERY OF PRODUCTS

6.1 GENERAL RULES
Products ordered by the Buyer under these GCS shall be delivered to the address indicated by the Buyer as the delivery address on the Order ("Delivery Address").
ESUI ships throughout Italy (including the islands), San Marino and the Vatican City. Campione d'Italia and Livigno are excluded.
Purchase invoices are sent by e-mail to the e-mail address indicated by the Buyer when registering on the ESUI website.

6.2 PRODUCT SHIPMENT METHODS FOR ITALY
(i) Bartolini shipping
A representative of the Carrier will deliver to the Buyer or to the addressee of the Order and ask them to sign an electronic receipt (in the absence of a terminal, it may be on paper). This electronic receipt will constitute proof of delivery by ESUI, and of receipt by the Buyer, or the addressee of the Order, of the products ordered.
Deliveries are made on working days (Monday to Friday). If no-one is available to take delivery, the Buyer, or the recipient of the ordered products, will receive a delivery notice, with which they can contact the carrier in order to arrange delivery. If the Buyer is absent, the products ordered will be delivered to a third party.
If he is not contacted, the Carrier will carry out the first step. In the event that after an attempted delivery it has not been possible to deliver the parcel, the Buyer or the recipient of the Order will receive a notice informing them of the address of the Carrier's Centre where the parcel will be stored for ten working days. The Buyer or the addressee of the Order may pick up the parcel at that Centre. At the end of this period, the package will be returned to ESUI and the Buyer will be reimbursed, in the manner chosen at the discretion of ESUI, for the amount of its Order minus shipping costs.
No objection can be raised to the shipment itself if the parcel has been delivered. For this purpose, the Carrier's computer system is authoritative.

6.3 PRODUCT DEFECTS, NON-CONFORMITIES AND DAMAGES
6.3.1 General Provisions
In the event of a lack of conformity of a product pursuant to Article 129 of the Consumer Code, the legal guarantee set out in Articles 130 and 132 of the Consumer Code shall apply. The Buyer shall be entitled to have the conformity of the goods restored free of charge by repair or replacement. Should these remedies fail, the Buyer shall be entitled to an appropriate reduction of the price or to termination of the contract. The Buyer forfeits these rights if he does not report the lack of conformity to ESUI within a period of two months from the date of the defect being discovered. ESUI is liable when the lack of conformity becomes apparent within a period of two years after delivery of the product. Claims for defects not wilfully concealed by ESUI shall in any case be time-barred within twenty-six months after delivery of the product.
The Buyer, or the addressee of the Order, is invited to check the condition of the package and products upon delivery.
In the event of anomalies in the package (damaged or opened package, traces of liquid, etc.) and/or in the products ordered (missing, defective or damaged products), the Buyer or the addressee of the Order must return the products to ESUI following the procedures described below in articles 6.3.2 and 6.3.3 of these General Terms and Conditions of Sale. Failure to comply with the correct procedure excludes any recourse against the carrier and/or ESUI, including the right to reimbursement of the Order and/or return of the ordered products.
The Buyer, or the addressee of the Order, may alternatively contact ESUI Customer Service to find out how to return the damaged, non-conforming and/or defective product or products. The Buyer must follow the procedure for returning damaged, non-conforming and/or defective products that will be specified by ESUI Customer Service. Otherwise, the Buyer may not claim any refund or replacement of the products in question.
6.3.2 Procedures that must necessarily be followed in the event of obvious damage to the parcel when returning it to ESUI:
- In the event of an anomaly detected in the presence of a representative of the Carrier:
Reject the shipment and immediately express all reservations concerning the anomaly in a clear and detailed manner. These reservations must be indicated by the Buyer or the addressee of the Order on the appropriate coupon of the Carrier's delivery note.
Report the refusal at the same time via WhatsApp ESUI Customer Service at +39 334 8285864 Monday to Friday from 10 a.m. to 6 p.m.
- In the event of an anomaly detected in the absence of a representative of the Carrier: Report any damage or faults found and make any complaints and reservations via WhatsApp ESUI Customer Service on +39 334 8285864 Monday to Friday from 10 a.m. to 6 p.m., within 3 working days.

6.3.3 Procedure that must be compulsorily followed in the event of a missing, damaged or defective product: The Buyer, or the addressee of the Order, shall report the missing, defective, non-conforming or damaged products via WhatsApp ESUI Customer Service on +39 334 8285864 from Monday to Friday from 10 a.m. to 6 p.m. ESUI Customer Service may request information regarding the identity of the Buyer or the addressee of the Order and carry out any verifications that may be useful. ESUI Customer Service will indicate to the Buyer, or to the recipient, the procedure to be followed to return the damaged or defective product, or to obtain missing products.
Once the products have been received, ESUI will check that they are indeed defective, damaged or do not correspond to the description provided on the website. If this verification proves to be positive, in accordance with the provisions of articles 130 et seq. of the Consumer Code, ESUI will replace the defective, damaged or non-conforming product and send it to the Buyer as soon as possible and in any event within 30 (thirty) working days of receipt of the products. Shipping costs will be borne entirely by ESUI. In the event that ESUI is unable to replace the products within the aforementioned deadline, ESUI will immediately notify the Buyer at the email address indicated at the time of registration and will reimburse the Buyer for the cost of such products and shipping costs if the Buyer provides proof of the cost incurred in returning the products. A refund of the price will be made by ESUI in the manner chosen at its discretion as soon as possible, and in any event within 30 (thirty) working days from the date on which it receives the products.
In the event that, after examining the returned products, ESUI reasonably considers that the products cannot be considered defective, damaged or not in conformity with the description on the Website, the Buyer will not be entitled to a refund and the products will be returned to him.

 

ARTICLE 7 - WITHDRAWAL

7.1 RIGHT AND TIME LIMITS FOR EXERCISING WITHDRAWAL
Pursuant to Article 52 of the Italian Consumer Code and without prejudice to the exclusions set out in Article 59 of the same code (see in particular the case of the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery), the Buyer may within the term of 14 (fourteen) days from acquiring physical possession of the package containing the goods ordered or, in the case of the purchase of multiple goods ordered by the Buyer in a single order and delivered separately, from acquiring physical possession of the last good purchased, withdraw from the purchase agreement without penalty and without any reason.
In the case of the purchase of a service, the right of withdrawal may be exercised by the Buyer within a period of 14 (fourteen) days from the date of conclusion of the contract, provided that the provision of such service has not yet been completed. The ESUI Gift Card is to be understood as a service within the meaning of this clause.
In any event, the provisions of Article 6.4 of these General Terms and Conditions remain unaffected in the event of lack of conformity or damage to the products.

7.1.2 Methods of Exercising the Right of Withdrawal
The methods of exercising the right of withdrawal are described in Article 7.3 of these General Terms and Conditions.

7.1.3 Consequences of exercising the right of withdrawal The Buyer, by exercising his right of withdrawal under this article, within the terms and according to the procedures described below for the return of products, may obtain at his choice: reimbursement of the amount paid for the returned products, including delivery costs (with the exception of the additional costs arising from the Buye's choice of a delivery method other than the least expensive standard shipping method offered by ESUI) by re-crediting the relative amount to the credit card (without prejudice in any case to the Buye's option of opting for a different credit card to which the reimbursement is to be credited) or ESUI gift card or if the Order was paid for using online vouchers, the refund will be made by means of online vouchers on the ESUI account; the refund will be made as soon as possible and in any case within 14 (fourteen) days from the date on which the Buyer has exercised his right of withdrawal, without prejudice to ESUI's right to withhold the refund until the goods have been returned or until the Buyer has proved that he has returned the goods covered by the Order (whichever is sooner).

7.1.4 Expenses
Pursuant to Article 57 para. 1 of the Italian Consumer Code, return costs shall be borne exclusively by the Buyer.

7.2 RIGHT AND TIME LIMITS FOR EXERCISING CONTRACTUAL WITHDRAWAL
Wishing to guarantee the satisfaction of its Buyers and Order Recipients, ESUI grants the Buyer and/or Order Recipient the option of withdrawing from the purchase contract, without reason and without the payment of penalties, even after the legal deadline indicated above and under the conditions set out below.
The right of withdrawal referred to in this Article 7.2 is not granted to Buyers in the cases described in Article 59 of the Consumer Code in the case of the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.
The right of withdrawal referred to in this Article 7.2 is in any case not granted to Buyers in the case of Orders for Customised Products.

7.2.1 Time limit for exercising the contractual right of withdrawal
The term within which the Buyer and/or the addressee of the Order may exercise the right of contractual withdrawal is 30 (thirty) days from the date of receipt of the Order.
Procedures for exercising the right of contractual withdrawal.

7.2.2 Methods of exercising the right of contractual withdrawal
The methods of contractual withdrawal are described in Article 7.3 of these General Terms and Conditions.

7.2.3 Consequences of the Exercise of the Right of Contractual Withdrawal
The Buyer and/or the addressee of the Order who exercises his or her contractual right of withdrawal under the conditions set out in this article within the terms and according to the procedures described below for the return of products purchased on the ESUI website, may obtain at his or her choice:
- Online vouchers on the ESUI account for a credit of an amount equal to the price of the returned products, usable only on the ESUI website; or

7.2.4 Expenses
The costs of return will be borne in full by the Buyer and/or the addressee of the Order, except in the event that the withdrawal results from the delivery of defective, non-conforming, damaged or missing products, in which case ESUI will reimburse the Buyer and/or addressee of the Order the shipping costs.

7.3 METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL
In the event of a right of withdrawal exercised pursuant to Article 7.1, the Buyer may return the products ordered either by delivering them to any of the ESUI points of sale located in Italy, or by sending them by post to the address indicated in Article 7.3.3 of these General Terms and Conditions of Sale.

7.3.1 General provisions applicable to any method of return (return by BRT courier) The products must be returned to ESUI intact, with their original packaging, accessories, instructions for use and anything else supplied with them.
To exercise the right of withdrawal pursuant to articles 7.1 and 7.2, the Buyer and/or the addressee of the Order must fill in the appropriate Return Form, which can be downloaded from the ESUI website in the Help Section and must be duly signed, taking care to indicate the Order number (if this field is not already pre-filled on the Return Form); alternatively, and limited to withdrawal pursuant to article 7.1, the Buyer may communicate the withdrawal to ESUI by means of an explicit declaration (e.g. a letter sent by post or email sent to the addresses indicated in article 1). In order to comply with the withdrawal period, it is sufficient for the Buyer to send the Return Form or the express notice before the expiry of the applicable withdrawal period. The use of the Return Module facilitates the management of the return process by ESUI. The Buyer or the recipient of the Order, if different from the Buyer, is then invited to use the Return Form. In the event of withdrawal, the products shall be returned without undue delay and in any case no later than 14 (fourteen) days from the date on which the Buyer communicated his decision to withdraw
from the contract. For services purchased on the ESUI Site, the return conditions described below will apply, provided that the performance of the services has not yet been completed.
Any risk associated with the return of the products shall be borne exclusively by the Buyer and/or recipient of the Order itself, unless the Buyer recipient of the Order proves that he has deposited the products to be returned with a carrier or at an ESUI point of sale.

ARTICLE 8 - OUT-OF-COURT SETTLEMENT OF DISPUTES

The Buyer has the right to initiate the out-of-court settlement of disputes concerning the consumer relationship with the bodies set up by the chambers of commerce, industry and agriculture pursuant to Law No. 580 of 29 December 1993, as well as to resort to the mediation procedures pursuant to Legislative Decree No. 28/2010, and subsequent amendments, under the conditions set forth by the body, chosen by the Buyer, that will administer this procedure. This is without prejudice to the option of using the voluntary and joint negotiation procedures provided for in Art. 2(2) of the aforementioned legislative decree, as well as the complaint procedures laid down in the service charters.

 

ARTICLE 9 - DURATION

These GCS, as amended from time to time, shall apply for as long as the products are offered for sale on the ESUI website (www.esui.skin) and until the terms of the warranties expire. In any event, Article 14 "Liability" shall survive the termination of these GCS.
For further information please contact Customer Service via WhatsApp at +39 334 8285864, Monday to Friday from 10 a.m. to 6 p.m.
For any questions, you can contact Customer Service via WhatsApp at +39 334 8285864,
Monday to Friday. "Contact us” on the ESUI website.
If you have any questions regarding the tracking of your order or a return, you can contact us, from 10 a.m. to 6 p.m., Monday to Friday, via WhatsApp at +39 334 8285864 or "Contact us" on the ESUI website.
Section B - General Provisions

 

ARTICLE 10 - FORMATION OF CONTRACT AND PLACING OF ORDERS

Each Order sent by the Buyer implies acceptance of the Legal Information and Privacy Policy, and constitutes an offer to purchase ESUI products.
Orders are subject to acceptance by ESUI, which reserves the right, at its sole discretion, to reject the Order, including in cases where:
(i) Orders cannot be executed because of an error in the information provided by the Buyer when placing the Order (e.g.: an incorrect payment card number, expiry date or the security code number of the card used for payment); incorrect billing address (e.g. if the billing address provided does not match the information held by the bank or payment card company); insufficient or incorrect shipping address (e.g. incorrect address, city, country or postal code); or if misleading information is provided by the Buyer;
(ii) there is an error on the Website relating to the products ordered, e.g., an error relating to the price or description of the products as displayed on the Website;
(iii) the products ordered are no longer available on the Internet Site.
ESUI also reserves the right to suspend or cancel the fulfilment of an Order and/or delivery, regardless of the nature and progress of the fulfilment, in the event of non-payment or partial payment of any sum owed by the Buyer, in the event of problems with payment, or in the event of fraud or attempted fraud relating to the use of the ESUI website, including in relation to previous Orders.
In the event of rejection of the Order, ESUI will notify the Buyer within 30 working days of the Order being placed, that the Order cannot be accepted. The Buyer may check the details of his Order and correct any errors before the Order is confirmed/sent.
Once the Buyer confirms the Order by clicking on "Confirm Payment", the Buyer declares that he/she has consciously accepted the content and conditions of the Order in question and, in particular, these General Terms and Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.
ESUI recommends that the Buyer keep these electronic communications on paper or electronically.
After placing the Order, the Buyer may not modify and/or cancel it.
The sale will be final only upon acceptance of the Order by ESUI, by sending an e-mail confirming receipt of the Order to the Buyer, namely the Order Confirmation e-mail. A second e-mail will be sent to the Buyer when the Order is dispatched.
ESUI shall be entitled to collect the full price of the Order: - for payments made by credit card, ESUI gift card and/or online vouchers: from the moment the Order Confirmation email is sent; - for payments made by other payment methods described in Article 5.2: from the moment the email informing the Buyer that the ordered products have been shipped is sent.
ESUI recommends the Buyer to keep the e-mails received from ESUI on paper or electronically.
The Buyer is informed that the aforementioned e-mails will be sent to the e-mail address entered by the Buyer at the time of Account creation and/or subsequent registration. ESUI will not be liable if an invalid e-mail address is entered and/or if the Order Confirmation E-mail is not received for reasons not directly attributable to ESUI. In this case, the sale will be considered final. The Buyer may, however, exercise the right of withdrawal under the conditions set out in Article 7 of these General Terms and Conditions of Sale.

 

10.2. LIMITATION OF LIABILITY

ESUI shall in no way be liable for any breach of these General Terms and Conditions of Sale, even if foreseeable, that is attributable to the act of a third party, the fault of the Buyer, the occurrence of a force majeure event or any other event that is not reasonably within ESUI's exclusive control.
The information and content available on the Website is provided "AS IS" and ESUI makes no warranty of any kind, either express or implied, as to 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 on the products, accessories or services that appear on the ESUI Website and/or their suitability for a specific use.

ESUI SHALL NOT BE LIABLE FOR ANY DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CONSEQUENTIAL AND/OR RELATED TO THE USE OF THE WEBSITE BY THE BUYER. IN THE EVENT THAT ESUI IS HELD LIABLE BECAUSE OF DAMAGES SUFFERED BY THE BUYER AND ATTRIBUTABLE SOLELY TO THE TRANSMISSION OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO ESUI.
Nothing in these General Terms and Conditions of Sale excludes or limits ESUI's liability to the Buyer and/or recipient of the Order for fraud, death or personal injury caused by ESUI's negligence, violation of the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any complaint made by users of the Site, including all Buyers, against ESUI must be made within six (6) months after the occurrence of the relevant event.
The information and content available on the Website is provided "AS IS" (as is) and ESUI makes no warranty of any kind, either express or implied, as to 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 on the products, accessories or services that appear on the ESUI Website and/or their suitability for a specific use. ESUI will not be liable in any way for the improper use of the products and/or services by the Buyer and/or recipient of the Order, and in particular for the case of non-compliance with the instructions for use of the products. ESUI shall in no way be liable for any damage, caused to the Buyer or third parties, resulting from such non-compliant use.
ESUI SHALL NOT BE LIABLE FOR ANY DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CONSEQUENTIAL AND/OR RELATED TO THE USE OF THE WEBSITE BY THE BUYER. IN THE EVENT THAT ESUI IS HELD LIABLE BECAUSE OF DAMAGES SUFFERED BY THE BUYER AND ATTRIBUTABLE SOLELY TO THE TRANSMISSION OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO ESUI.
Nothing in these General Terms and Conditions of Sale excludes or limits ESUI's liability to the Buyer and/or recipient of the Order for fraud, death or personal injury caused by ESUI's negligence, violation of the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any claim made by users of the Site, including all Buyers, against ESUI must be made within six (6) months after the occurrence of the relevant event.

 

ARTICLE 11 - RETENTION OF TITLE

The ownership of the ordered products will remain with ESUI until the entire consideration for the Order, including shipping costs, taxes and other compulsory contributions (where applicable) are fully paid by the Buyer.

 

ARTICLE 12 - INTELLECTUAL PROPERTY

The ESUI trademark, all figurative and non-figurative trademarks present on the Website, the images, illustrations and logos and any content present on the Website (including, without limitation, the General Terms and Conditions of Use and these General Terms and Conditions of Sale) are the exclusive property of ESUI and/or of the respective owners of the intellectual property rights over them.
The reproduction in whole or in part, modification or use of such trademarks, illustrations, images and logos, or any other content of the Site, for any reason whatsoever and by any means whatsoever, without the express written permission of ESUI and/or the respective owners of the intellectual property rights over them is strictly prohibited.

 

ARTICLE 13 - SIGNATURE AND PROOF

ESUI works to protect the personal information of its customers by providing a high level of security, but the buyer also plays a role in the protection of his or her personal data. In particular, the Buyer shall maintain the security of his on-line transactions, e.g., by refraining from communicating his username (the Buyer's e-mail address) and/or password to others and by changing said password regularly.
The use of the Buyer's username and/or registration/access password constitutes proof of the Buyer's identity for the purpose of the exercise of ESUI's right, upon confirmation of the Order by ESUI, to demand the relevant amounts. ESUI’s computer records will constitute proof of communications, orders and payments between the Parties.
ESUI and/or its business partners shall in no way be liable for the misuse and/or disclosure to third parties of the Buyer's registration/access information.
The provision of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and render the sums indicated for the purchase of the products indicated in the Order payable. Computer records, stored in the computer systems of ESUI and of ESUI's partners, shall be considered as proof of communications, orders and payments between the Parties.

 

ARTICLE 14 - LIABILITY

14.1 ABILITY TO CONTRACT
The Buyer declares that he has full capacity to act and enter into a contract for the purchase of products and/or services on the Internet Site on the basis of these General Terms and Conditions of Sale. ESUI may in no event be required to verify the capacity to act of visitors and Buyers of the ESUI website. In the event that a person who does not have the necessary capacity to act (e.g. a minor) places an Order on the ESUI Website, without prejudice to the responsibility of his or her parents or legal guardians for such Order and the related payment, ESUI may refuse to accept the Order.

14.2 LIMITATION OF LIABILITY
ESUI shall in no way be liable for any breach of these General Terms and Conditions of Sale, even if foreseeable, that is attributable to the act of a third party, the fault of the Buyer, the occurrence of a force majeure event or any other event that is not reasonably within ESUI's exclusive control.
The information and content available on the Website is provided "AS IS" and ESUI makes no warranty of any kind, either express or implied, as to 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 on the products, accessories or services that appear on the ESUI Website and/or their suitability for a specific use.
ESUI SHALL NOT BE LIABLE FOR ANY DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CONSEQUENTIAL AND/OR RELATED TO THE USE OF THE WEBSITE BY THE BUYER. IN THE EVENT THAT ESUI IS HELD LIABLE BECAUSE OF DAMAGES SUFFERED BY THE BUYER AND ATTRIBUTABLE SOLELY TO THE TRANSMISSION OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO ESUI.
Nothing in these General Terms and Conditions of Sale excludes or limits ESUI's liability to the Buyer and/or recipient of the Order for fraud, death or personal injury caused by ESUI's negligence, violation of the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any claim made by users of the Site, including all Buyers, against ESUI must be made within six (6) months after the occurrence of the relevant event.

 

ARTICLE 15 - PERSONAL DATA
ESUI collects and processes the personal data of the Buyer and, where applicable, those of the recipient of the Order in order to provide its products and services in accordance with these General Terms and Conditions of Sale. For information regarding the processing of the personal data of the Buyer and, if applicable, of the addressee of the Order by ESUI, please consult the Privacy Policy of the Site, available at Legal information and privacy.

 

ARTICLE 16 - AMENDMENTS
ESUI reserves the right to amend and update the General Terms and Conditions without prior notice. In order to be informed of such changes, ESUI advises the Buyer, and in general any user, to regularly read these GCS and the "Legal Information and Privacy Policy". The purchase of products on the Website shall be subject to the GCS in force at the time the Order is placed.
Changes will not be applied to Orders already sent and accepted by ESUI.

 

ARTICLE 17 - GENERAL CLAUSES

17.1 PARTIAL INVALIDITY
Should one or more provisions of these GCS be declared invalid or ineffective due to a change in legislation or following a ruling by a competent judicial authority, the other provisions of these GCS shall remain in full force and effect.

17.2 WAIVER
Should one of the Parties fail to assert against the other a breach of any of the obligations contained in these GCS, this shall not be construed as a waiver of the obligation in question in the future.

17.3. APPLICABLE LAW AND JURISDICTION
These GCS and all sales of products on the Internet Site are governed by Italian law, irrespective of the place of dispatch of the Order. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THESE GCS AND/OR THE CONTRACT CONCLUDED BETWEEN THE BUYER AND ESUI SHALL, IN THE ABSENCE OF A SETTLEMENT, BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT ITALIAN COURTS BASED ON THE BUYER’S PLACE OF RESIDENCE OR DOMICILE, IF LOCATED IN ITALY.
STANDARD WITHDRAWAL FORM - PURSUANT TO ART. 49, PARA. 1, LETT. H)
(Complete and return this form only if you wish to withdraw from the contract)
Addressee:
ESUI by Kim Soo Hyoune
Via di meleto 2 int. 5
50022 Greve in Chianti (FI)

• Order No: .............
• Order date: .............
• Surname: .............
• Name: .............
• e-mail: .............
• Address: ...................
Reasons for return
Indicate for each returned item:
Article code
Article description
Quantity
Reason No.
1. The article was damaged during transport.
2. I did not order the item I received.
3. I am not satisfied with the item.
4. I don't like the colour / it doesn't suit me.
5. The item is defective.
6. The item caused me to have an allergic reaction.
7. I already own this item and do not wish to have another one like it.
8. I received the item as a gift and it doesn't suit me. Please provide the contact details of the person who gave you the gift:
Name : ......................
Tel. : ...................... E-mail : ....................
9. The order was shipped twice.
10. I intend to avail myself of the right of withdrawal within 14 days from the date of receipt of the goods.
11. Other. Please specify:

For further information, please contact the ESUI Card Service: Monday to Friday from 10 a.m. to 6 p.m., via WhatsApp at +39 334 8285864 or "Contact us" on the ESUI website.
Version dated 1 July 2023 

Need more information?
To contact our customer service, please send a WhatsApp message to +39 334 8285864 Monday to Friday from 10 a.m. to 6 p.m.
or send an e-mail at info@esui.skin