General Conditions of Sale applicable in relations between the Seller and Users

1. Object

1.1 These General Conditions of Sale (“General Conditions of Sale Marketplace” or “CGVM”) govern the offer and sale, via the MARKETPLACE platform (the “Marketplace”) owned by Panaro Srl and accessible online through the website www.panarocases.nl.
Panaro Services BV (tax code and VAT number NL858899632B01), with registered office in Cobaltstraat 5, 2718 RM Zoetermeer, Netherlands (“Seller”) is the seller of all the products and/or services present in the Marketplace. PANARO is a mere supplier and technical manager of the Marketplace, therefore it is not part of the sales contract between the user and the Seller within the Marketplace.

1.2 The offer and sale of Products on the Marketplace constitutes a distance contract governed by Legislative Decree 6 September 2005, n. 206 (“Consumer Code”), in particular articles. 45 et seq., and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce. If the final consumer is resident abroad and is purchasing on the Marketplace, he will also be protected by specific provisions contained in the national legislation of his country.

1.3 These General Conditions of Sale apply to all contracts concluded by the Seller via the Marketplace. These GCS are made available to the user in a specific footer of the Marketplace containing the link to them.
The Seller also publishes and keeps updated its identification details as required by current legislation. This information must be accessible by clicking on the name of the Seller present in the general conditions of sale. Any changes and/or new conditions will be in force from the moment of their publication on the Seller's personal page. Users are therefore required to access this page and consult, before making any purchase from the Seller, the most updated version of these Marketplace General Conditions of Sale, which it is advisable to save and print.

1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order for a Product and are available in Italian.

1.5. However, it remains understood that, before purchasing, the user must confirm that they have read these GCS, which can be freely stored and reproduced even during the purchase procedure.

1.6 Unless the law or these General Conditions of Sale provide otherwise, the messaging system of the Marketplace platform constitutes the only means through which all communications between the Seller and the user relating to the purchase of the Products take place.

2. Users who purchase on the Marketplace

2.1 The purchase of Products on the Marketplace takes place after registration on the Site, pursuant to the following art. 3, and is only permitted to users who have the status of consumers. The purchase is permitted to natural persons only on the condition that they are at least eighteen years of age.

2.2 Pursuant to art. 3, I paragraph, letter. a) of the Consumer Code, to be understood as retranscribed here, we remind you that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out, have the status of consumers.

3. Registration on the Marketplace

3.1 Purchases on the Marketplace are permitted after creating an account by registering on the Site.

3.2 Creating an Account is free. This can take place through registration on the Site and acceptance of the General Conditions of Use of the Site. To create an Account by registering on the Site the user must complete the appropriate form, which will indicate mandatory and optional data, entering name, surname, date and place of birth, tax code, address, telephone number, an email address, a shipping address, a billing address and a password, then clicking on the "Register" button.

3.3 The creation of an Account allows the user who intends to purchase Products or services through the Site, to carry out directly through the Site, among other things, the following activities:
to. saving and modifying your personal data;
b. access to all information relating to orders and returns;
c. check the status of the order;
d. management of your personal data and updating at any time;
And. use of dedicated services that may be activated from time to time;
f. modification of consent to the processing of personal data for the sending by PANARO or the Seller of thematic newsletters, marketing and profiling.

3.4 Registration credentials (email address and password) must be kept with extreme care and can only be used by the user. The user undertakes to immediately inform PANARO and the Seller if he suspects or becomes aware of improper use or improper disclosure of his credentials.

3.5 The registered user guarantees that the personal information provided during the registration procedure on the Site and on the Marketplace is complete and truthful and undertakes to keep PANARO and the Seller harmless and indemnified from any damage and/or compensation obligation and/or penalty resulting from and/or in any way connected to the violation by the user of the rules on registration on the Marketplace and on the Site or on the conservation of registration credentials.

4. Conclusion of the contract for the purchase of the Products

4.1 To conclude the purchase contract for one or more Products on the Marketplace, the user must complete an order in electronic format and transmit it to the Seller electronically via the platform, following the instructions that appear from time to time on the Marketplace. Before proceeding with the transmission of the order, the user will be able to identify and correct any data entry errors by following the instructions on the Marketplace, or modify the order.

4.2 The publication of the products and services displayed on the Site does not constitute a contractual proposal by the Seller but an invitation to offer. The sending of the order by the user to the Seller, therefore, has the value of a contractual purchase proposal.

4.3 By submitting the order, the user confirms knowledge and full acceptance of these General Contract Conditions and Attachments.

4.4 Once the order has been successfully transmitted, the system will send the user an automatic acknowledgment email, summarizing the order received, which does not constitute acceptance. This email includes

i) the summary of the general and specific conditions applicable to the contract, ii) the information relating to the essential characteristics of the Product purchased, iii) the detailed indication of the price, the means of payment used, the delivery costs and any additional costs, iv) information on the right of withdrawal and, in particular, at the bottom of the aforementioned email, the instructions on exercising the right of withdrawal.

4.5 The Contract stipulated through the Marketplace is considered concluded when the user receives confirmation of acceptance from the Seller via email, with a communication following the automatic and summary email of the order referred to in the art. 4.4 above. The Seller's obligation to perform the service will arise only following payment of the consideration by the customer.

4.6 The Seller reserves the right to refuse or cancel orders at its discretion. By way of example and not exhaustively, the Seller may refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these GCS and/or the conditions and/or terms of the purchase contract with the Seller; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent the Seller the documents requested by the same as part of the procedure referred to in the art. 9.2.1 below or who have sent you invalid documents.

4.7 The order will be archived by the Seller via the platform for the time necessary to execute the sales contract and, in any case, within the terms of the law. The user will in any case be able to access their orders through their personal area of ​​the Marketplace.

4.8 Italian is the language of the transaction, as well as the language used for communications with Customer Service.

5. Availability of Products

5.1 The Products made available through the Marketplace by the Seller are those indicated in the catalog published on the Marketplace as "sold and shipped" or "sold" by the Seller.

5.2 Each Product is accompanied by an information sheet that illustrates its main characteristics ("Product Sheet"). The Product Sheet will also contain information relating to the availability of each Product. It will be updated. However, since the Marketplace can be visited by multiple users at the same time, each could simultaneously send a purchase order for the same Product. In such cases, therefore, the Product may be available for a short period of time, being instead out of stock or not available.
immediate availability.

5.3 If the Product is no longer available for the reasons indicated above or in other cases of unexpected unavailability of the Product, the Seller will immediately notify the user directly or via the platform's messaging system. The user will therefore be entitled to immediately terminate the contract pursuant to art. 1456 cc, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code. Alternatively and without prejudice to this right, the user may accept one of the following proposals from the Seller:

(i) if a restocking of the Product is possible, an extension of the delivery terms, with indication by the Seller of the new delivery term of the restocked Product;
(ii) if a restocking of the Product is not possible, the supply of a different product, of equivalent or greater value, subject to payment, in the latter case, of the difference. The user must promptly communicate their choice to the Seller via the platform's messaging system.

5.4 In the event that the user makes use of the right of termination referred to in the art. 61, IV and V paragraphs, Consumer Code, and the payment of the total amount due ("Total Amount Due") has already occurred, the Seller will reimburse it without undue delay and, in any case, within the period of 15 working days from receipt of the order. The refund amount will be communicated to the user via the platform's messaging system and will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution and the type of credit card used.

5.5 In the case of orders concerning a plurality of Products sold by the Seller ("Multiple Order"), if the unavailability concerns only one or some of the purchases covered by the Multiple Order, the user will be entitled to immediately revoke his proposal , limited to the Product or Products that have become unavailable, with consequent reimbursement of the sum relating to said Product or Products.

6. Product Information

6.1 Each Product is accompanied by the so-called Product Sheet. The images and descriptions on the Marketplace reproduce as faithfully as possible the characteristics of the Products on sale. The colors of the Products may however differ from the real ones due to the settings of the IT systems or computers used by users to view them. Furthermore, the Product images present in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the Product Sheet and in the order form sent by the user will prevail.

7. Prices

7.1 All prices of the Products published on the Marketplace are expressed in Euros and are inclusive of Value Added Tax. The user will also be able to view prices in currencies other than the Euro.

7.2 Prices may be modified at any time without notice, it being understood that the price charged to the user will be that indicated on the Marketplace at the time the order is placed and that any variations (increasing or decreasing) will not be taken into account following its transmission. In any case, the price may undergo variations even after purchase in the event that the prices of a product indicated on the Marketplace are, due to obvious material errors, objectively incompatible with the normal market prices of such Product.

7.3 In the event that a Product is offered on the Marketplace at a discounted price, the full reference price against which the discount is calculated will be indicated in the Product Sheet. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to its actual market price. In the event that no indication is included, it must be understood that the full reference price is the price at which the Product was previously offered for sale on the Marketplace.

7.4. If the purchase is made from a country that requires the application of taxes and/or customs duties on imports, the related charges will be borne by the Customer. The amount of the aforementioned charges cannot be quantified in advance at the time of the order.

8. Purchase orders

8.1 Without prejudice to the provisions of art. 4.5 above, the purchase contract is considered finalized only upon payment of the total amount due. In case of failure to pay the sum, the order will be canceled and the user will be notified immediately.

8.2 The Seller will ship the Products only after receiving confirmation of the successful payment of the Total Amount Due.

8.3 The risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the buyer when the latter, or a third party designated by him - other than the carrier - comes into physical possession of the Products.

9. Payment methods

9.1 Payment for the Products purchased from the Seller through the Marketplace can be made exclusively by PayPal, Visa-Mastercard and Bank Transfer. If a VAT-free invoice is required, the procedure described below in article 10 must be followed.

9.2 In case of payment by credit card, the following provisions apply.

9.2.1 In order to guarantee the security of payments made through the Marketplace and prevent fraud as well as in fulfillment of further obligations deriving from the law, PANARO and/or the Seller reserve the right to ask the buyer, via the messaging system of the platform, to send, via the same means, a front/back copy of your identity card and, in the event that the order holder is different from the credit card holder, of the identity card of
the latter. The request message will specify the deadline within which the document must reach PANARO or the Seller which will not, in any case, exceed 5 working days following the request itself. While waiting for the requested document, the order will be considered suspended.

9.2.2 In the event that PANARO and/or the Seller do not receive such documents within the specified deadline or receive documents that have expired or are invalid for any other reason, the contract will be considered automatically terminated pursuant to and for the purposes of art. . 1456 cc, without prejudice to the Seller's right to compensation for any damage resulting from the user's non-compliance. The termination of the contract, of which the user will be notified no later than 5 working days from the expiry of the deadline for sending the requested documents, will result in the cancellation of the order, with consequent reimbursement of the Total Amount Due and application, for as compatible, of the art. 5.4 above.

9.2.3 In the event of receipt by the Seller of valid documentation within the deadline indicated in the request message referred to in the art. 9.2.1, the delivery terms applicable to the Product will start from the date of receipt of the same.

9.2.4 Payment will be made via a secure payment service, which involves the use of the TLS security protocol. Confidential credit card data (card number and security code) are encrypted and transmitted directly to the payment processor. The Seller and PANARO, therefore, never have access to and do not store the data of the credit card used by the user to pay for the Products, without prejudice to the name and surname of the holder, the last four digits of the credit card used and its expiry date.

9.2.5 In the event that the debit is not successful, the Seller will not ship and will send an email to the user, inviting him to pay the Total Amount Due within 3 days of receiving the email , with the warning that, in case of non-payment within the indicated deadline, the contract will be considered terminated pursuant to art. 1456 cc

9.3 In case of payment using any other tools (here for example Paypal), the following provisions apply:

9.3.1 If this payment instrument is provided and the user opts for this method, he will be redirected to the website www.paypal.it where he will authorize PayPal to proceed with the payment, based on the procedure established and regulated by PayPal and the terms and conditions contractual conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with PANARO and/or the Seller. PANARO and/or the Seller are therefore not able to know and do not store in any way the credit card data connected to the user's PayPal account or the data of any other payment instrument connected to that account. In the case of payment via PayPal, the Total Amount Due will be charged upon acceptance of the order by the Seller. The user may also enable automatic payment, granting authorization to charge an amount for subsequent purchases through the Site, without the user having previously accessed their PayPal account. The conditions of this authorization are available on the user's PayPal account, in their reserved area.

9.3.2 In the event that the debit is not successful, the Seller will not ship and will send an email to the user informing him that the order has been rejected

9.3.3 In the event of termination or failure to conclude the purchase contract and in any other case of reimbursement, for any reason, the refund amount due to the user will be credited to the user's PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact PayPal directly .

10. Billing

If you need a VAT-free invoice, you will need to follow the following procedure: click here .

11. Delivery of the Products

11.1 The delivery of the Products purchased on the Marketplace is carried out exclusively in Italy, in the Republic of San Marino and in the Vatican City by Italian Sellers and/or from other EU Member States and/or non-EU countries, to the address of shipping indicated by the user in the order form (so-called home delivery). It is not possible to deliver to collection points.

11.2 At the time of shipment, an email will be sent to the user confirming delivery to the carrier, containing the tracking number through which the user can check the status of the shipment ("Dispatch Notification").

11.3 The home delivery methods, with the related terms and costs, are indicated in the Product Sheet or, at the latest, in the cart and, in any case, before the user sends the order.

11.4 The amount of delivery costs due in relation to a specific order and which may vary depending on the place of delivery is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and , in any case, before the user proceeds to transmit it. Delivery costs are the responsibility of the user, unless otherwise indicated.
11.5 For the methods of returning the products, please refer to the provisions contained in the art. 12.

11.6 Delivery is intended to be at street level and will be carried out, unless otherwise indicated, from Monday to Friday during normal office hours (from 9am to 6pm), excluding national holidays.

11.7 The user acknowledges that the collection of the Product is his precise obligation deriving from the purchase contract. In the event of non-delivery due to the absence of the recipient at the address specified in the order, the courier will provide instructions for contacting him / scheduling a collection. The courier may also make another delivery attempt. If the second attempt also fails, the package will be placed "in storage" with the courier. The user is required to collect the Product within the deadline indicated by the carrier. After the days of storage, the Product will be returned to the Seller's warehouse.

11.8 As soon as the Product is returned to the Seller, the latter will notify the user asking him to respond within 15 days confirming the original delivery address or indicating a possible different delivery address.

11.9 In the event that the user does not respond to the Seller's request within 15 days, the purchase contract will be considered automatically terminated. In this case the Seller will refund the user the Total Amount Due. It will be credited to the same payment method used by the user for the purchase. However, the Seller will have the right to withhold the amount corresponding to the costs incurred for the management and delivery of the order.

11.10 In the event that the user responds to the Seller's request within the established deadline, the Seller will make a second shipment to the address indicated by the user. If the second delivery attempt is also unsuccessful, the purchase contract will be considered legally terminated, with reimbursement by the Seller of the Total Amount Due in the manner indicated above. The costs for the second shipment will be borne by the customer.

11.11 Delivery terms start from receipt of the order, unless otherwise indicated. In case of failure to indicate the delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.

11.12 In the event that the Product is electrical or electronic equipment, the user has the possibility of disposing of the used product WEEE (Waste Electrical and Electronic Equipment) at local recycling centers or collection points. The Seller based in Italy offers, in compliance with the provisions of Legislative Decree 14 March 2014, n. 49, upon supply of new electrical and electronic equipment intended for a household, free collection, on a one-for-one basis, of the used equipment, provided that it is of an equivalent type. The Products for which the free collection service is provided are indicated by the Seller in the WEEE information or on the Seller's website. To use this service, the user must contact the Seller and request this service. The provision of the WEEE service ("WEEE Service") by the Seller will take place in the manner indicated by the Seller itself.

11.13 Those who have not collected the package more than twice cannot make purchases on the Marketplace. In the event that such subjects place orders in violation of this provision, the purchase contract may be considered legally terminated pursuant to and for the purposes of art. 1456 cc The termination of the contract will be communicated to the user and implies the refund of the Total Amount Due in the manner and within the terms set out in the art. 5.4 above.

11.14 It is up to the user to check the conditions of the Product delivered to him. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the user when the latter, or a third party designated by the same and other than the carrier, physically comes into possession of the Products. The user is recommended to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including the closing materials (adhesive tape or metal straps) and is invited, in his/her interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is recommended to promptly notify the Seller. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.

11.15 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites the Seller to make delivery within an additional term appropriate to the circumstances ("Additional Term"). If this additional period expires without the Products having been delivered, the user is entitled to terminate the contract, without prejudice to the right to compensation for damages. The user is not burdened with the burden of granting the Seller the Additional Term referred to above if:
a) the Seller has expressly refused to deliver the Products;
b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed the Seller, before the conclusion of the contract, that delivery by a specific date is essential. In the aforementioned cases, the user, if he does not receive the Products within the delivery deadline indicated during the purchase process and in the order confirmation, is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages. In the event of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in Excluded Cases, the Seller will refund the user the Total Amount Due without undue delay. The refund will take place in the manner set out in the art. 11.19. In any case, the Seller undertakes to notify the user, promptly and by email, of the delay in delivery, indicating at the same time the new delivery term, if available ("New Delivery Term") and, in the event that the the user does not proceed with setting the Additional Term pursuant to art. 61, III, Consumer Code or, if the conditions are met, to the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in the Excluded Cases, without prejudice to the possibility for the user to make use of such remedies and/or the ordinary means of protection made available by law at any time, the Seller agrees also undertakes to:
(i) in case of delivery with a delay of between 1 and 3 working days with respect to the New Delivery Term, refund the user who requests the delivery costs, if already paid, within ten working days from the expiry of the New Delivery Term or not request payment, if not yet paid;
(ii) in case of delivery with a delay of between 4 and 10 working days with respect to the New Delivery Term, allow the user who requests it to refuse delivery and terminate the contract, with consequent reimbursement of the Total Amount Due , if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not wish to terminate the contract, reimburse the user who requests the delivery costs, if already pay within ten working days of the request or do not request payment if not yet paid;
(iii) in the event of a delay in delivery exceeding 10 working days with respect to the New Delivery Term or, in any case, 20 days with respect to the original delivery term, offer to the user who requests it, in addition to what is expected from the art. 11.15 (ii) above, the supply of a different Product of equivalent or greater value, subject to payment, in the latter case, of the difference and with the express consent of the user.

11.16 The aforementioned provisions also apply in the case of Multiple Orders which must be delivered separately.

11.17 In both cases, in the event of failure to send the delay notice email or failure to set the New Delivery Term therein, all the terms referred to in the articles. 11.15 (i), (ii) and (iii) and 11.16 (i), (ii) and (iii) above will start from the original delivery deadline.

11.18 The user may accept, even tacitly, the New Delivery Term in the cases referred to in the articles. 11.15 and 11.16, without prejudice to your right to refuse delivery, to terminate the contract and to make use of the ordinary means of protection made available by law. In the cases referred to in the articles.

11.15 (ii) and (iii) and 11.16 (ii) and (iii), the user's choice must be promptly communicated to the Seller via the platform's messaging system.

11.19 In all cases referred to in the articles. 11.15 and 11.16 in which a refund is due to the user, the refund amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used and in any case will never be attributable to the Seller.

12. Right of withdrawal

12.1 The user who acts as a consumer has the right to withdraw from the Product purchase contract without having to provide any reason and without having to incur costs other than those provided below, within fourteen calendar days starting from: a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product; b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece .

12.2 To exercise the right of withdrawal, the user must inform the Seller, before the expiry of the Withdrawal Period, of his decision to withdraw.

12.3 To this end, the user must observe the following procedure: click here .

12.4 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent before the expiry of the same period.

12.5 In case of withdrawal, the user must return the Products to the Seller, using a carrier of his own choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to the Seller's decision to withdraw. The deadline is met if the user sends back the Products before the fourteen day period has expired. The Product, appropriately protected and packaged, must be shipped to the address communicated by the Seller on his personal page.

12.6 If the user withdraws from the contract, the Seller will refund the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from completion of the return procedure described above. The refund will be made using the same payment method used by the buyer for the initial transaction;

12.7 The user is solely responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to establish its nature, characteristics and functioning. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, functioning, accompanied by all accessories and information sheets, with labels and disposable seals, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt and in compliance with all the requirements of the return procedure.

12.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. The Seller will communicate this to the user, rejecting the withdrawal request. The Product will remain with the Seller available to the user for collection which must take place at the expense and under the responsibility of the same.

12.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish its nature, characteristics and functioning, the reimbursement amount will be reduced by an amount equal to this decrease in value. The Seller will notify the user of the circumstance and the consequent decreased reimbursement amount.

12.10 The Right of Withdrawal is excluded in the case of supply of tailor-made or personalized Products, of sealed Products which are not suitable for return for hygienic reasons or related to health protection which have been opened after delivery, of Products which risk to deteriorate or expire rapidly. The right of withdrawal is also excluded in the further cases referred to in the art. 59 of the Consumer Code.

13. Legal guarantee of conformity

All Products offered through Marketplace are covered by the legal guarantee of conformity provided for by the articles. 128-135-vicies ter of the Consumer Code, here to be understood as retranscribed, (“Legal Guarantee”).

14. Conventional manufacturer's warranty

14.1 The Products may be covered by a conventional warranty offered by the manufacturer ("Conventional Warranty"). The user can assert this guarantee only against the manufacturer, according to the provisions of the art. 133 of the Consumer Code. The duration, extension, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.

15. Applicable law – Self-regulation Code; Out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution – Italian language

15.1 The purchase contract concluded through the Marketplace between the Seller and the user is governed by Italian law and is subject to Italian jurisdiction.

15.2 This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.

15.3 For any dispute that may arise, by way of example and not limited to, for the purposes of interpretation, execution or termination of the contract for the sale of the Products and the Marketplace General Conditions of Sale, the Court of Modena has exclusive jurisdiction. Please remember that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has chosen domicile is competent.

15.4 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims , by Regulation (EC) no. 861/2007 of the European Parliament and of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

15.5 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the consumer user that, in the event that he has submitted a Complaint, following which it has not been possible to resolve the dispute, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141 et seq. of the Code of Consumo), specifying whether or not it intends to make use of these bodies to resolve the dispute.

15.6 The Seller also informs the user-consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

15.7 In any case, the right of the consumer user to appeal to the competent ordinary judge for the dispute deriving from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, are reserved. to promote an extrajudicial resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis Consumer Code.

15.8 The CGVM are in Italian. Any translations into another language other than Italian constitute a courtesy version. Consequently, in the event of a conflict between the Italian version and the version in another language, the former will prevail also for interpretative purposes.