GENERAL TERMS AND CONDITIONS OF SALE OF ARCHIPRODUCTS.COM

1. PREAMBLE AND SCOPE

1.1

These general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions”) apply to sales of products made by Edilportale.com S.p.A., as more specifically identified below (hereinafter, also “Edilportale.com”) through its website www.archiproducts.com (hereinafter, the “Website”) in Italy, the European Union and in countries outside the European Union. The provisions of these General Terms and Conditions (i) shall be understood without prejudice to the mandatory provisions set out in the so-called “Consumer Code” (Legislative Decree No. 206/2005, where applicable also on the basis of the qualification and activity of the Customer (as defined below)) and of the rules on e-commerce (Legislative Decree No. 70/2003, as amended and supplemented), and (ii) apply exclusively to distance sales agreements as defined in Article 45, paragraph 1, of the Consumer Code, made through the Website.

1.2

The identification data of Edilportale.com are as follows: Edilportale.com S.p.A. Registered office: Via Loiacono 20, 70126 Bari (Italy) VAT Number/Fiscal Code: 05611580720 REA (Economic and Administrative Index): BA 429007 | ROC 21492 | Share Capital: €250,000, fully paid up Tel: +39 080 5543553; Fax: +39 080 9995130; Email: [email protected].

1.3

These General Terms and Conditions govern the relationships (including any sale of products) between the person (hereinafter, the “Customer”) who purchases or intends to purchase Products (as defined below) through the Website and Edilportale.com. For the sake of clarity, the navigation and use of the Website are also subject to the terms of use available athttps://www.archiproducts.com/it/terms-and-conditions (the “Terms of Use”).

1.4

Website navigation and purchase of Products (as defined below) on the Website by the Customer therefore presuppose the Customer’s acceptance of the Terms of Use and of these General Terms and Conditions, which can be saved and printed via the Customer’s browser. These General Terms and Conditions apply to: (1) Customers who qualify as “consumers”, as defined in Article 3, paragraph 1(a) of the Consumer Code, i.e. natural persons acting for purposes unrelated to any business, commercial, handicraft or professional activity carried out (hereinafter, the “Consumers”), and (2) Customers who qualify as “professionals”, as defined in Article 3, paragraph 1(c) of the Consumer Code (hereinafter, the “Professionals”), unless otherwise stated.

2. GENERAL TERMS AND CONDITIONS

2.1

Edilportale.com offers on the Website the possibility of purchasing products for furnishing, architecture, building, technology, accessories, as available and presented on the Website from time to time (hereinafter the “Products”). Purchases of Products through the Website are permitted exclusively to Customers who:

a) are natural persons over 18 years of age and with full capacity to act or duly represented legal entities;

b) have read the information on the processing of personal data available at https://www.archiproducts.com/en/privacy and have duly completed the registration procedure pursuant to Article 3 below;

c) in any event have read and accepted the General Terms and Conditions before making the purchase.

2.2

Edilportale.com reserves the right to inhibit the use of the Website by persons who breach these “General Terms and Conditions” or the current Terms of Use.

2.3

Any amendments to, and/or replacement of, the General Terms and Conditions shall come into force as soon as they are published on the Website. Notwithstanding this, the General Terms and Conditions in their version in force at the time the Order is placed shall apply to each Order (as defined below) and to its execution. In any case, Edilportale.com recommends Customers to regularly access the relevant section of the Website to check the publication of the most updated General Terms and Conditions.

2.4

Should the Customer not wish to accept the changes to the General Terms and Conditions, it shall refrain from making purchases on the platform and will be entitled to ask for deactivation of its account.

3. REGISTRATION TO THE PLATFORM

3.1

In order to be able to purchase Products through the Website, it is necessary to make a registration, by creating a Customer account and subject to prior approval of these General Terms and Conditions and any other document required for this purpose in the registration procedure more specifically described in the Terms of Use, to which reference is made.

3.2

Failure to register and accept the General Terms and Conditions will result in the impossibility of making purchases via the Website.

4. INFORMATION ON THE GOODS TO BE SOLD

4.1

The Products for sale on the Website are made by third-party manufacturers, operating in the furnishing, architecture and construction, fashion and technology sectors (hereinafter the “Manufacturers”). The Manufacturer’s trademark or, in any case, its indication, is shown on the Website next to each Product sold.

4.2

The descriptions and images of the Products offered on the Website are provided directly by the Manufacturers. Edilportale.com has taken reasonable measures to ensure that the representations and descriptions of the Products (which are in any event provided by the Manufacturers) are as accurate as possible. Nevertheless, Edilportale.com cannot guarantee that the descriptions are totally accurate, complete, reliable or free from errors. The images of the Products on the Website are for illustrative purposes only.

4.3

Unless expressly set out in the product data sheet, all product prices are in Euros (€) for Customers residing or domiciled in a European Union country and are inclusive of VAT, while they are in Pounds Sterling for Customers residing or domiciled in the United Kingdom and in Dollars for Customers residing or domiciled outside the European Union and the United Kingdom; shipping costs shall be calculated according to the destination place chosen by the Customer and are shown separately.

4.4

The Products on sale published may be available in limited quantities and for limited periods of time as better specified in Article 5 below; Customers are therefore advised to always check the availability specified next to the Product.

5. PRODUCT AVAILABILITY

5.1

The Customer acknowledges and accepts that the Products available for sale may not be immediately and physically available at Edilportale.com as they must be ordered by Edilportale.com itself from the respective Manufacturers or, where ordered, they must be produced or in any event have not yet been delivered by the latter.

5.2

For the sake of clarity, the Products are sold directly by Edilportale.com to the Customer; the commercial relationship is therefore exclusively between the Customer and Edilportale.com, the Manufacturer remaining expressly unconnected. Edilportale.com shall therefore be solely responsible for the sale of the Products, their delivery and for the management of any returns, withdrawals and disputes with the Customers, without prejudice to the legal rights of Edilportale.com itself and of the Customer.

5.3

5.3. Due to the operating method described in paragraph 5.1, it may happen that, after the transmission of the Order, the Manufacturer informs Edilportale.com that the Product that is the subject of the Order is not available. If such circumstance occurs, the Customer shall be informed by e-mail by Edilportale.com and shall be refunded any amounts already paid. Otherwise, in the event that the Product is available but the delivery terms are longer than those stated when placing the Order, Edilportale.com shall inform the Customer thereof, and the Customer shall have the right, at its discretion, to accept the new delivery date proposed by Edilportale.com or to cancel the Order, with the consequent reimbursement of any amounts paid by the Customer.

6. PURCHASING PROCEDURE AND ORDER TRANSMISSION

6.1

The Customer may purchase one or more Products published on the Website by clicking on the “add-to-cart” button. Once the cart has been filled with the selection of the desired articles, the Customer may proceed to purchase them. The order procedure that follows will require registration with the Website.

6.2

During the order procedure, the Customer will be able to change the recipient of the goods, enter the place of shipment of the goods, the data for any invoicing, identify itself as a “private individual”, if acting in its capacity as a Consumer, or as a “company”, if acting as a Professional and request the invoice, choosing the relative option, the chosen means of payment, the authentication credentials for payment. On completion of the filling out process, the Customer will have the opportunity to check and modify the data entered (also in relation to the Products selected) correcting any input errors following the instructions shown in the Website from time to time. Once the data has been verified, the Customer may finally validate and transmit the order (hereinafter the “Order”).

6.3

The order transmitted shall be considered as an irrevocable contractual purchase proposal by the Customer for the individual items included in the Order. Acceptance of the order will be attested by an automatic “Order Confirmation” email, which, however, does not constitute acceptance of the purchase proposal, which will be finalised only after verification of the data and availability of the Products requested. The Order Confirmation shall contain a summary of the Products purchased as well as the applicable general and special terms and conditions, price and means of payment, withdrawal, delivery costs and applicable taxes pursuant to Article 13 of Legislative Decree No. 70/2003.

6.4

The purchase agreement (the “Purchase Agreement”) shall be deemed finalised only when the Customer receives an automatic email of “Order Acceptance” with the confirmation that the Product is “Being Processed”, such communication amounting to acceptance of the Order by Edilportale.com (the “Acceptance”).

6.5

The transmission of the Order constitutes an irrevocable commitment by the Customer to purchase the relevant Products, without prejudice to the possible exercise of the right of withdrawal, under the terms set out in Article 10 in case of a Consumer Customer or in case of cancellation of the Order pursuant to paragraph 5.3 or withdrawal pursuant to paragraph 6.12.

6.6

Immediately after clicking on the “Buy” button, the Order will be stored in the Edilportale.com platform. The Customer can view it at any time in the section “My orders” available on the Website. The Customer will receive an email communication - addressed to the email address specified in the purchase procedure - summarising all the elements of the Order, including the characteristics of the Product ordered, indication of the price, selected payment method, shipping costs, delivery times.

6.7

Payment can be made by Paypal, Credit Card (through the PayPal circuit) or Bank Transfer, Klarna or other methods that may be specified on the Website at the time of payment.

6.8

Please note that the payment instructions and information entered by the Customer in the financial circuits (credit card number, security codes) are processed through connections using the SSL Protocol (Secure Sockets Layer) and will not be stored in any way on Edilportale.com’s systems.

6.9

In the event of payment by bank transfer, the Customer will also receive instructions on how to make the bank transfer in the Order Confirmation.

6.10

In the event of payment by bank transfer, the Customer may send Edilportale.com a receipt of the bank transfer made to [email protected].

6.11

In case of non-receipt of payment (whether by credit card, bank transfer or other methods that may be used) after fifteen days from the date of Acceptance, Edilportale.com reserves the right to terminate the Purchase Agreement pursuant to Article 1456 of the Italian Civil Code for non-performance by the Customer.

6.12

If, due to technical platform problems or any other inconvenience (including any problems attributable to the Manufacturer such as the late updating of the information made available by the Manufacturer), the price specified in the Website were to be lower than the actual sale price of a Product, Edilportale.com will contact the Customer and inform it of the increased price and the reason for such increase in order to verify the Customer’s willingness to proceed with the purchase of the Products at the increased price. In such case, the Customer shall be entitled to accept or refuse to proceed with the purchase of the same Product at the increased price by notifying Edilportale.com thereof within 7 (seven) days from receipt of the relevant communication from Edilportale.com. If the Customer does not communicate its acceptance to proceed with the purchase of the Product in question at the increased price, the Customer shall be released from any obligation to proceed with the purchase and Edilportale.com shall refund the Customer, within 14 days from the expiration of the deadline referred to above, of any amount already paid by the Customer through the payment method chosen by the Customer at the time of the Order; in such case, the provisions of Article 10 below shall apply mutatis mutandis.

6.13

Edilportale.com reserves the right to refuse, at its sole discretion, Orders from anyone that are abnormal in relation to the quantity of products purchased or the frequency of purchases made.

6.14

Once Acceptance has taken place, it is understood that the execution of the Order by Edilportale.com shall only take place after Edilportale.com has received full confirmation of the payment of the price due from the Customer.

6.15

The languages available to the Customer for the conclusion of the Purchase Agreement are Italian, English, French, German, Spanish and Portuguese depending on the Customer’s place of residence or domicile.

7. INVOICING AND PAYMENTS

7.1

The Customer is required to communicate the request for particular tax and accounting documents during the purchasing process.

7.2

In particular, Professionals may indicate their VAT number and request the invoice for the Order to be sent by email during the order procedure as described in more detail in Article 6. For administrative reasons, the issue of requested invoices cannot be guaranteed in case of requests made by the Customer after the Order was placed.

7.3

For the issue of the invoice, the information provided by the Customer shall be taken as the basis; Edilportale.com therefore recommends to always check, with the utmost care, the accuracy of the data provided.

7.4

Edilportale.com declines all responsibility for delays in the crediting of Product refunds attributable to the bank used by the Customer for payment.

8. SHIPPING AND DELIVERY OF PRODUCTS

8.1

Deliveries are made to the postal address specified by the Customer during the purchase procedure that is saved in the Order. The Customer is responsible for the address provided. To the fullest extent permitted by law, Edilportale.com shall not be held liable for errors in shipment or incorrect delivery of products due to inaccuracy or incompleteness in the Customer’s completion of the Order form.

8.2

Edilportale.com delivers to the countries and places specified in the Website from time to time, with the specification that the geographical areas available may be different for the various Products. By pre-selecting the country on the basis of the IP address, or by means of a drop-down menu, the Customer is able to view the Products on sale in each destination and the relevant shipping costs.

8.3

Delivery times are specified on the Website in the product data sheet, taking into account the time required to produce the Product and/or its delivery by the Manufacturer as well as shipping times. The Website provides, on a preliminary and non-binding basis, an estimate of delivery times based on the location of the Customer’s browser and on the assumption that payment for the order is made by Credit Card (the fastest form of payment). Following the Customer’s completion of the Order Form with details of the delivery location and payment method, the Website will update the delivery time accordingly.

8.4

For reasons of weight, shape, size or fragility of the Products ordered from time to time, Edilportale might be reasonably unable to accurately calculate the shipping costs of the Products in advance. In such a case, Edilportale will provide an approximate indication of the costs of shipping the Products at the time of the Order, while reserving the right to provide a final quantification of said costs at a later date, also by proposing to the Customer a shipment of the goods by a specialist courier. In such case, Edilportale shall inform the Customer as soon as possible of any changes to the delivery costs (compared to those specified in the Order).

8.5

Unless otherwise agreed on conclusion of the Purchase Agreement, Edilportale.com shall deliver the Products covered by each Order in a single shipment upon arrival of all the Products in the cart. The Customer acknowledges and accepts that Orders including more than one Product with different production and/or procurement times shall entail waiting for the delivery time of the Product with the longest production and/or procurement time.

8.6

Shipping and delivery – meaning the transfer of the physical availability of the Products to the Customer – shall be carried out by courier between 8 a.m. and 6 p.m. from Monday to Friday. The carrier shall make 1 (one) attempt to deliver the Products in case of domestic shipments and 2 (two) delivery attempts in case of international shipments to the address specified by the Customer. If the Customer is unavailable on the first delivery attempt, the carrier shall leave a calling card at the recipient’s address informing that one delivery attempt (or two attempts in the case of international shipments) was made. After the unsuccessful attempt, the carrier will contact Edilportale.com to agree on the next proper action in accordance with the provisions of Article 1690 of the Italian Civil Code. The Products will be stored free of charge by the carrier for a number of days that varies for each carrier (and which will be communicated by Edilportale.com to the Customer); the Customer shall reimburse Edilportale.com for the storage costs charged to the latter by the carriers for each day of paid storage, as well as the costs that Edilportale.com may incur to have the Products not collected by the Customer returned to Edilportale.com. After 20 (twenty) (calendar) days of storage without the Customer being available to take delivery of the Products, Edilportale.com may terminate the relevant Purchase Agreement by giving notice thereof pursuant to Article 1456 of the Italian Civil Code. In such a case, Edilportale.com shall refund the Customer the price paid under the relevant Order, after deducting the costs of delivery, of the subsequent storage/deposit and return of the Products not collected by the Customer (as specified above), which shall be borne by the Customer, without prejudice to any further right and remedy available to Edilportale.com as a result of the Customer’s breach (including the right to compensation for any further damages suffered by Edilportale.com as a result of such breach). The termination of the Purchase Agreement and the amount of the refund shall be communicated to the Customer also by email and shall be effective as of the date of the Customer’s receipt of the relevant communication. The amount of the refund will be credited to the means of payment used by the Customer for the purchase or by bank transfer.

8.7

Unless otherwise agreed upon when finalizing the Purchase Agreement, the Products will be delivered at street level.

8.8

Without prejudice to the rights and remedies available to the Customer under the applicable law, at the time of Delivery the Customer is required to accept the goods with specific reservation in the event of damage to the packaging or to the Products and/or immediately visible defects. In particular, the Customer must check the integrity of the packaging and content and that the Products received correspond to what is stated in the Purchase Order, keeping photographic documentation in the event of any damage to the packaging or Products or in the event of any discrepancy in the Products received (with respect to the Order).

8.9

The risk of loss of or damage to the Product, for causes not attributable to Edilportale.com, shall be transferred to the Customer when the latter, or a third party designated by the same and other than the carrier, takes physical possession of the goods.

8.10

Without prejudice to the provisions of paragraph 8.8 above, in the event of defects immediately noticeable upon delivery, such as for example number of packages not corresponding to the order or non-integrity of the packaging or Products received, the Customer (or the person in charge of collecting the goods) who acts as a Professional is required to immediately notify the carrier in writing (acceptance with reservation) and to contact Edilportale.com through the website within 3 (three) working days from the date of delivery, under penalty of forfeiture of the warranty under paragraph 9.11. Moreover, said warranty shall lapse, for Professional Customers, if they have started using the Products.

8.11

For sales agreements involving deliveries outside the European Union, additional customs duties may be applied, based on the regulations in force in the destination territory, at the time of delivery of the goods. Please note that, unless otherwise stated, the product data sheet will show the price excluding such duties and taxes.

8.12

In the event of delays or non-delivery of the purchased Product within the maximum delivery deadline specified when transmitting the Order, the Customer who is a Consumer may inform Edilportale.com, asking the latter to fulfil its obligations within an additional deadline appropriate to the circumstances, pursuant to and for the purposes of Article 61, third paragraph, of the Consumer Code. Edilportale.com undertakes to contact the Customer within 3 (three) working days in order to provide feedback to the latter and set the new delivery deadline.

8.13

Edilportale.com shall not be held liable for any shipping delays or impossibility of delivery due to circumstances beyond the reasonable control of Edilportale.com or, where applicable, of the carrier, such as, by way of example, strikes, riots, natural disasters, explosions or other accidents occurring to the carrier, epidemics or recrudescence of epidemics, theft, robbery (“Force Majeure Event”). Should the Force Majeure Event continue for a period longer than 3 (three) months, both Edilportale.com and the Customer shall be entitled to withdraw from the Purchase Agreement.

8.14

With reference to Customers who are Consumers, until the expiry of the term granted to Edilportale.com pursuant to paragraph 8.12 above, the Customer shall not be entitled to refuse delivery of the Products nor to terminate the Purchase Agreement. It is understood in any case that the Customer Consumer shall not be subject to the obligation to grant Edilportale.com the additional deadline referred to in paragraph 8.12 if: (a) Edilportale.com expressly refused to deliver the Product; or (b) if compliance with the deadline agreed upon by the parties for the delivery of the Product is to be deemed of the essence, taking into account all the circumstances surrounding the conclusion of the agreement; or (c) if the Consumer Customer has informed Edilportale.com, prior to the conclusion of the Purchase Agreement, that delivery by or on a certain date is of the essence. With reference to Professional Customers, any delays in delivery of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of the Products, nor to terminate the Purchase Agreement nor to claim compensation or indemnity of any kind.

9. PRODUCT GUARANTEE

9.1

All Products sold to Consumer Customers are covered by the legal guarantee of conformity provided for by the Consumer Code (the “Legal Guarantee of Conformity”); Edilportale.com shall therefore be liable towards Consumer Customers for nonconformities of the Products. The provisions of this article (with the exception of paragraphs 9.11 and 9.12) shall not apply to Professional Customers.

9.2

By virtue of the Legal Guarantee of Conformity, Edilportale.com shall be liable for nonconformities arising within 2 (two) years from the delivery of the Product as defined and regulated by Article 8.

9.3

The Legal Guarantee of Conformity provides that the Consumer Customer shall report to Edilportale.com, within the limitation period of 26 (twenty-six) months from delivery, any nonconformity found in the Product purchased. Following such report, the Consumer Customer shall be entitled to request (i) primarily, the repair or replacement of the Product, within a reasonable period of time from the day on which Edilportale.com received the Customer’s complaint, unless the requested remedy is impossible or imposes disproportionate costs on Edilportale.com; (ii) as an alternative, (i.e. in the event that the restoration of conformity under (i) above is impossible or imposes disproportionate costs on Edilportale.com, or the restoration of conformity was not carried out within a reasonable time, or a non-conformity is found despite Edilportale.com’s attempt to restore the conformity of the Product or, again, the nonconformity is so serious as to justify the immediate reduction of the price or termination of the Purchase Agreement), the reduction of the price or termination of the Purchase Agreement, without prejudice to the other rights provided for by law in favour of the Consumer.

9.4

Edilportale.com may lawfully refuse to bring the Products into conformity if repair and replacement are impossible or if the costs it should incur are disproportionate. The possibility of terminating the Purchase Agreement is also excluded if the nonconformity is only minor.

9.5

Products repaired, modified or in any way altered by the Customer are excluded from the Legal Guarantee of Conformity. Faults or malfunctions or defects of any other kind due to events occurring after the transfer of risk or due to the Customer’s liability or use of the Product not in compliance with its intended use and/or with the provisions of the technical documentation attached to the Product, if any, or in the instructions for use relating to the Product, are also excluded from the scope of the Legal Guarantee of Conformity.

9.6

In order to be able to benefit of the Legal Guarantee and put Edilportale.com in a position to implement the remedies provided by law, it is recommended to keep the purchase document. In any event, the Customer is required to provide Edilportale.com with a clear indication (a) of the nature of the allegedly defective Product; (b) of the Purchase Agreement to which it relates; as well as (c) of the tangible evidence of the alleged nonconformity, insofar as possible, through adequate photographic support.

9.7

Checks on the restoration of conformity shall commence upon receipt of the documentation produced by the Customer. The Customer is advised to keep the original packaging and the delivery document.

9.8

Edilportale.com shall contact the Customer without undue delay to provide every detail for the return of the purchased products, with particular reference to the place of destination of the return and wording to be affixed to the packaging.

9.9

In order to enable Edilportale.com to carry out a return or replacement, the Customer shall be responsible for making the Product available to Edilportale.com and properly packing its parts in their original packaging to prevent damage.

9.10

The restoration of conformity (whether by way of repair or replacement) shall be carried out by Edilportale.com free of charge and within a reasonable period of time, which may be equal to that indicated in the Order or longer. The costs for returning the Products as described in the previous paragraphs shall be borne by Edilportale.com.

9.11

Professional Customers have the right to make use of the legal guarantee provided for by the Civil Code. The legal guarantee in this case is valid for a maximum term of 12 (twelve) months from delivery of the Product and provides, under penalty of forfeiture, for Edilportale.com to be notified of any defects found in the purchased product within 8 (eight) days of their discovery, without prejudice to the provisions of paragraph 8.8 and paragraph 8.10. For all and any matters not provided for in this paragraph the provisions of Articles 1490 et seq. of the Italian Civil Code shall apply.

9.12

In the case of Professional Customers, Edilportale.com shall not be liable in the event of loss of revenue, loss of profit, loss of data or for any other indirect damage of any nature whatsoever arising from or in any way connected to the agreements subject to these General Terms and Conditions, except in the event of wilful misconduct or gross negligence.

Edilportale.com’s liability in relation to the sale of Products through the Website, except in the event of fraud or gross negligence, shall never exceed the price paid by the Professional Customer.

10. RIGHT OF WITHDRAWAL

10.1

The Customer who is a “Consumer” is entitled to withdraw from the Purchase Agreement for any reason whatsoever, without reason and without penalty, on the terms and conditions set out below.

10.2

Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the purchased Products.

10.3

In order to exercise the right of withdrawal, the Customer shall send an explicit notice of withdrawal within 14 (fourteen) days from the day on which the Customer or a third party delegated by the Customer (other than the carrier) took physical possession of the Product or, in the event of an Order concerning multiple Products delivered separately, from physical possession of the last Product and signing for collection. In order to comply with the withdrawal deadline, it is sufficient to give notice of exercise of the withdrawal before the expiry of the withdrawal period. The Customer may make a simple communication or use the Withdrawal Form available in the “Orders” area. The methods whereby and addresses to which the notice of withdrawal shall be given are: (a) registered mail with return receipt: Edilportale.com, via Loiacono, 20 - 70126 Bari, Italy, or (b) email: [email protected]

10.4

Pursuant to the Consumer Code, the right of withdrawal does not apply, inter alia, to goods (a) which are tailor-made, customised or (b) which, due to their structure, cannot be returned because they are at risk of deteriorating rapidly or may be damaged. Should the Product for sale fall into any of the cases for which the right of withdrawal is excluded by law, the Website shall mention such circumstance with the words “Right of withdrawal not applicable” in the pages of the purchase procedure, in any case before the transmission of the Order, as well as in the Order Confirmation emails. Customers are advised to always check the presence of such wording.
Once the right of withdrawal has been properly exercised, the Customer will receive to the email address provided during the registration phase all the instructions for returning the Products: reference number and the address to which the Products are to be returned which, in general, is Edilportale. com SpA, SS. 100 km 18 Centro Commerciale “Il Baricentro”, Lotto 19/B moduli 11-12-13 - 70010 Casamassima (BA), Italy.

10.5

The Customer must return the Products to Edilportale.com without undue delay, and in any case by and no later than 14 (fourteen) days from the date on which the Customer communicated its decision to withdraw, which deadline is deemed to be met if the Products are returned by the Customer before the expiry of the 14-day period. For validity purposes, reference shall be made to the date of receipt of the notice of withdrawal by the Seller and the date on which the Product is accepted by the post office or the date on which the goods are taken over by a forwarding agent.

10.6

If the Customer has exercised its right of withdrawal in accordance with the provisions set out in these General Terms and Conditions, Edilportale.com shall reimburse in full the sums paid by the Customer at the time of purchase, including shipping costs (with the exception of additional costs arising from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Edilportale.com). The relevant amounts shall be repaid using the same method used by the Customer when paying for the initial transaction unless the Customer has expressly agreed otherwise, without undue delay and in any case within 14 (fourteen) days from the day on which Edilportale.com is informed of the Customer’s decision to withdraw from the Purchase Agreement.

10.7

Edilportale.com may suspend the refund in the cases provided for by Article 56(3) of the Consumer Code.

10.8

The Customer will only bear the direct cost of returning the goods.

10.9

Returned Products must be returned in resalable condition, preferably in their original packaging and accompanied by all accessories, if any. Pursuant to the Consumer Code, the Customer is liable for the decrease in the value of the Products resulting from handling them in any way other than necessary to establish the nature, characteristics and verification of the functioning of the Products and, therefore, other than the handling that would be allowed to the Customer in the event of purchasing the Product in a shop. In such case, Edilportale.com reserves the right to ask the Customer to refund the decrease in value found. Therefore, although the law does not provide for a form of insurance on the return of the Products as a result of the exercise of the right of withdrawal, the Customer is advised to take out the same.

11. COMPLAINTS, OUT-OF-COURT SETTLEMENT OF DISPUTES

11.1

The Customer may submit any complaints to Edilportale.com by registered letter with return receipt or by e-mail to the following addresses: Edilportale.com S.p.A, Via Loiacono n. 2070126 - Bari (Italy), Email: [email protected] or contact Customer Service at the following number: Tel: +39 080 5543553. Our customer service is available from Mon-Fri 9am-1pm / 2pm-6pm (excluding public holidays in Italy).

11.2

If a Consumer Customer submitted a complaint directly to Edilportale.com, after which it was nevertheless not possible to settle the dispute thus arising, Edilportale.com shall provide information on the Alternative Dispute Resolution (ADR) body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions. In any case, Consumer Customers should note that following Regulation (EU) No. 524/2013, the European Commission has activated a platform to help consumers and traders resolve disputes arising from online purchases. The Online Dispute Resolution (ODR) platform is a one-stop desk where EU consumers and traders can settle out-of-court disputes arising from online purchases in their own country or abroad. For full details and to file a complaint through the ODR platform, click on: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT

12. APPLICABLE LAW AND JURISDICTION

12.1

These General Terms and Conditions and each Purchase Agreement entered into between the Customer and Edilportale.com are governed by Italian law. For all and any matters not expressly provided for herein, the provisions of the law in force in Italy, including the mandatory provisions of the Consumer Code when the Customer is a Consumer, shall apply. The application of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded.

12.2

Any dispute arising from any agreement resulting from or in connection with the General Terms and Conditions and/or a Purchase Agreement involving a Consumer Customer shall be subject to the exclusive jurisdiction of the competent court of the place where the Customer resides or is domiciled.

12.3

Any dispute arising from any agreement resulting from or in connection with the General Terms and Conditions and/or a Purchase Agreement involving a Professional Customer shall be subject to the exclusive jurisdiction of the Court of Bari (Italy).