Terms and Conditions of Sale and Website Use
These Terms and Conditions (“T&C”) apply to your access to and use of the online store available at www.instytutum.com (the “Website”), and to any purchase of products offered by INSTYTUTUM AG (“INSTYTUTUM”, “we”, or “us”). By purchasing products through our Website, you agree to be legally bound by these T&C, our Privacy Policy, and all applicable consumer protection laws in your country or state of residence.
The entity you are conducting a transaction with is:
INSTYTUTUM AG
Gubelstrasse 12, 6300 Zug, Switzerland
Company number: CFI-170.3.039.872-9
VAT No. CHE-440.903.330 MVST
Tel.: +41 41 511 20 50
Email: [email protected]
Your Obligations and Prohibited Conduct
By accessing or conducting transactions on our Website, you agree that you will not, under any circumstances:
Violate any applicable laws, regulations, or our policies, including these T&C.
Upload, post, or transmit any content that is false, inaccurate, misleading, defamatory, infringing, abusive, obscene, or otherwise objectionable.
Introduce or distribute any viruses, malware, worms, trojans, or any other harmful code or technologies that could damage or interfere with the functioning or security of the Website or third-party systems.
Use any automated software, bots, scripts, spiders, or content crawlers to access, monitor, scrape, or copy any part of the Website or its content, except for legitimate use by recognized internet search engines (e.g., Google, Bing, etc.).
Circumvent, disable, or interfere with any security-related features or technical measures implemented to protect the Website or its content.
Use the Website or our services if you are not legally capable of entering into binding contracts (e.g., if you are a minor under the laws of your jurisdiction).
Use false or fraudulent means of payment or otherwise attempt to defraud us or any payment provider.
Fail to pay for products you purchase via the Website.
Use any personal data, information, or content obtained from the Website for unlawful, abusive, or unauthorized purposes, including commercial exploitation, without our prior written consent.
We reserve the right to take appropriate measures, including suspending or blocking your access to our Website or cancelling transactions, if we reasonably believe that you are abusing the Website, engaging in fraudulent activity, or violating these T&C.
Such measures may include preventing future purchases or, in exceptional cases, cancelling past or current transactions, provided that such cancellation complies with applicable consumer protection and contract laws.
Products and Services
Our products and services are intended for personal and non-commercial use only. By purchasing or otherwise receiving our products, you agree not to resell, redistribute, or make any commercial use of them without our prior written consent. Unauthorized resale or diversion may violate applicable laws and void any rights or warranties associated with the products.
If you represent a business or wish to distribute or retail our products, please contact us directly at: [email protected].
All products must be used strictly in accordance with their instructions, safety precautions, and usage guidelines provided on the packaging and on our Website. You are responsible for reviewing the ingredient list and ensuring that the product is suitable for your personal use. Individual allergic or adverse skin reactions may occur. We recommend performing a patch test prior to full application, especially if you have sensitive skin.
Product prices are subject to change at any time without prior notice. We reserve the right to modify, suspend, or discontinue any product or service at our sole discretion. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
We reserve the right to limit sales of our products or services to any individual, geographic area, or jurisdiction, including by restricting quantities purchased per order or customer, as necessary to protect our supply, brand integrity, or regulatory compliance.
We make every effort to display product images, colors, and descriptions as accurately as possible. However, we cannot guarantee that your device’s screen will accurately reflect the actual appearance of the product. Minor variations may occur and do not constitute grounds for refund or exchange unless required by applicable law.
Our products are intended for external use only and are not intended to diagnose, treat, cure, or prevent any disease. They are formulated in accordance with applicable regulations in the countries where they are sold.
We ensure that our product labeling, ingredients, safety assessments, and claims comply with the regulatory requirements applicable in each country to which products are shipped. However, it is your responsibility to verify the legality of importing cosmetic products to your country before placing an order.
Payment
Third-party service providers (such as payment gateways, banks, and currency processors) manage certain aspects of the payment process, including available payment methods, real-time currency conversion, transaction security, and any additional fees applicable to international purchases. These providers operate independently from INSTYTUTUM and are subject to their own legal terms and data protection practices.
By placing an order on our Website, you acknowledge and agree that we do not control and are not responsible for the actions, omissions, or policies of third-party payment providers. It is your sole responsibility to review and accept their respective Terms and Conditions and Privacy Policies before proceeding with payment.
Any disputes, chargebacks, or currency-related issues arising from the payment process should be resolved directly with the relevant third-party provider, unless otherwise required by applicable law.
Contacting You
We may contact you using the contact details you have provided to us (such as your email address, phone number, or shipping address), or other information in our possession, where permitted by law. Any such contact will be conducted in accordance with our Privacy Policy and all applicable data protection laws.
By using our Website, you consent to being contacted for purposes related to your transaction, order status, product feedback, or customer service, in compliance with the above frameworks.
Shipment
Customers are solely responsible for ensuring that the products they order comply with local importation rules and do not require prior registration or authorization. INSTYTUTUM shall not be liable if a product is refused entry by customs or a local health authority in the country of delivery.
6.1. All shipments are sent with tracking. You will receive a dispatch confirmation email containing a tracking code once your order has left our warehouse. To monitor your delivery, please visit the courier’s website and enter your tracking number.
Orders placed before 17:00 CET (Central European Time) (Monday to Thursday) will typically be dispatched the following business day. Estimated delivery timeframe: 4–10 business days, depending on your location.
Orders placed between Friday and Sunday may experience a delay in tracking activation of up to 3–4 days. Delivery times remain subject to courier performance and regional conditions.
Important: Please ensure that your phone number is accurate and includes the correct international dialing code. Incomplete or incorrect information may result in delivery delays or cancellation of your order.
6.2. Standard Delivery is offered free of charge on all orders over EUR 200. In addition, we provide FREE Standard Delivery on your first order, regardless of the amount. Please note that some exceptions may apply — for certain countries or remote delivery zones, shipping charges may still be incurred. We recommend contacting us prior to ordering if you are unsure whether your destination qualifies.
Customers may choose between two global shipping options during checkout: Standard Tracked Delivery and Priority Tracked Delivery. Your selected method, along with the applicable shipping and handling costs, will be shown before you finalize your purchase.
6.3. Import taxes, customs duties, or clearance fees imposed by your local authorities are the sole responsibility of the customer. As these charges vary depending on country, product category, and local regulations, INSTYTUTUM does not provide estimates or assume liability for such costs. We advise verifying the import rules applicable in your country before placing an order.
6.4. For deliveries to countries outside the European Union, the customer is exclusively responsible for compliance with local import regulations and for covering any customs or brokerage fees required to release the shipment.
Returns and refunds
For hygiene and safety reasons, we can only accept returns of cosmetic products that are unused, unopened, and in their original packaging, unless the product is faulty or damaged upon delivery. This limitation does not affect your statutory rights under consumer protection laws applicable in your country of residence.
7.1 You have the right to withdraw from your purchase and return unused products within 14 calendar days of receiving your order, without providing any reason. We are also able to offer exchanges within this 14-day period, subject to product availability. Return instructions and a return link will be included in the shipment confirmation email. Use the link that you received with the tracking e-mail.
To initiate a return, please follow these steps:
1. Inspect and document: If the item is damaged, take clear photos of the product showing the damage.
2. Pack the item: Ensure the product is securely packed in a cardboard box to prevent further damage during transit.
3. Ship the item: Send the parcel using a trackable courier to the following return address:
(Only FedEx, DHL, or UPS services are accepted for returns within Europe — otherwise, we cannot guarantee the receipt of your package):
INSTYTUTUM AG c/o VOLDEMARS SIA
3 Skaistkalnes Street
Riga, LV-1004, Latvia
4. Provide tracking information: Email the following to [email protected]
your order number,
the return shipment tracking number,
and, if applicable, the photos of the damaged item.
Important: The cost of returning shipping is the responsibility of the sender.
5. Assessment and refund: Once our team has inspected the returned item, we will notify you of the outcome.
Once your return has been received and accepted by our warehouse, you will be notified by email.
The refund will be processed via the same payment method you used for the original purchase within 14 (fourteen) calendar days of approval. Please note that the exact time for the funds to appear in your account may vary depending on your payment provider’s processing time and internal policies.
7.2. If you received a damaged or defective item, please take clear photographs of:
damaged product,
the shipping box,
and the shipping label.
Then contact us at [email protected] or call +41 41 511 20 50 with your order number, email address, and phone number for the fastest resolution.
Limitation of Liability
To the extent permitted by applicable law, INSTYTUTUM and its affiliates shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages of any kind, including but not limited to loss of income, profits, business opportunity, goodwill, data, or personal injury arising out of or in connection with your use of the Website, reliance on its content, or purchase and use of our products.
While we take reasonable care in the formulation and safety testing of our cosmetic products, individual reactions to ingredients may vary. You are solely responsible for reviewing the ingredient lists and conducting a patch test before full use. We disclaim liability for allergic or other adverse reactions unless directly attributable to a manufacturing defect or breach of applicable safety or labeling standards.
All content and materials contained on this Website are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied. We make no representations or warranties regarding the accuracy, completeness, reliability, merchantability, fitness for a particular purpose, title, non-infringement, or the absence of viruses or other harmful components.
In jurisdictions where the exclusion or limitation of certain warranties or liabilities is not permitted, our liability shall be limited to the fullest extent permitted by law.
Indemnity
You agree to indemnify, defend, and hold harmless INSTYTUTUM AG, its affiliates, shareholders, directors, officers, employees, contractors, agents, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with:
your use or misuse of the Website;
your breach of these T&C;
your violation of any applicable law or the rights of a third party.
This indemnification obligation shall survive the termination of these T&C and your use of the Website.
Dispute Resolution and Governing Law
For consumers, the applicable law shall be the law of the country, province, or state of their habitual residence, insofar as mandatory consumer protection provisions apply and cannot be waived by agreement. Nothing in this clause shall limit the rights of consumers under such mandatory laws, including the right to bring claims before a competent court in their local jurisdiction.
For all other users and in all other cases, any dispute, controversy, or claim arising out of or in connection with the use of the Website or any transactions conducted through it, which cannot be satisfactorily settled by correspondence or mutual conference between the parties shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules. The number of arbitrators shall be one; The seat of the arbitration shall be Zurich; The arbitral proceedings shall be conducted in English. Each party shall bear its own legal and procedural costs, unless otherwise determined by the arbitrator.
Notwithstanding the above, INSTYTUTUM reserves the right to seek injunctive or equitable relief in any competent court to prevent actual or threatened misuse of its intellectual property or confidential information.
These T&C, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law rules, except where overriding mandatory provisions of consumer law apply.
Severability
If any provision of these T&C is held to be invalid, illegal, or unenforceable by a competent court or authority, that provision shall be deemed severed, and the remainder of these T&C shall remain in full force and effect. Where legally permissible, such invalid or unenforceable provision shall be replaced with a valid and enforceable one that most closely reflects the original intent and commercial purpose of the original provision.
Waiver
No failure or delay by INSTYTUTUM to exercise any right or remedy provided under these T&C or applicable law shall constitute a waiver of that or any other right or remedy. A waiver of any breach or default shall not be deemed a waiver of any subsequent breach or default. Any waiver shall only be effective if it is in writing and signed by an authorized representative of INSTYTUTUM.
Intellectual Property
All content, materials, and intellectual property available on the Website—including but not limited to names, trademarks, service marks, logos, images, product descriptions, website design, layout, text, graphics, button icons, audio clips, page headers, visual elements, data compilations, and software—are the property of INSTYTUTUM AG, its affiliates, partners, or licensors, and are protected under applicable intellectual property laws, including but not limited to copyright, trademark, trade dress, and unfair competition laws in the United States, Switzerland, the European Union, Canada, the United Arab Emirates, and other relevant jurisdictions.
No content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of INSTYTUTUM, except for personal, non-commercial use related to browsing, ordering products, or making legitimate use of the Website.
We grant you a limited, revocable, and non-transferable license to access and use the Website solely for personal and lawful purposes. This license does not include any resale or commercial use of the Website or its content, any derivative use of the Website or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.
Any unauthorized use automatically terminates the limited license granted by INSTYTUTUM and may result in legal action.
Others
By accessing or using our Website, you confirm that you have reached the age of majority in your country, state, or province of residence and that you possess the legal capacity and authority to enter into and be bound by these T&C. You further agree to comply fully with all obligations, representations, and responsibilities set forth herein.
These T&C constitute the entire agreement between you and INSTYTUTUM with respect to your access to and use of the Website. No changes or modifications to these Terms shall be valid unless expressly agreed in writing by INSTYTUTUM or unless published by INSTYTUTUM on this Website.
Section headings in these Terms are included for reference only and shall not affect the interpretation or legal enforceability of any provision.
We reserve the right to modify, amend, or replace these T&C at any time, without prior individual notice. Such changes shall become effective immediately upon being published on the Website. It is your responsibility to review the T&C regularly. Continued use of the Website after any such changes constitutes your acceptance of the revised T&C.
Effective Date: May 9, 2024
