TERMS OF SALE

Art. 1 Object

1.1 These conditions of sale apply to the purchase of “The M” branded products (hereinafter “Products”) made through the e-commerce site www.the-m.it (hereinafter the “Site”) by users who can be classified as “Consumers” pursuant to the following article 1.3.

The Site and the products offered for sale are owned by Due Srl, with registered office in Cesena (FC), Via Calcinaro 2133, Tax Code/VAT No.: 04167290404 and registration number in the Forlì-Cesena Company Register no. 332592 (hereinafter “Seller”).

1.2 Each purchase is governed by the conditions of sale in the version published on the Site at the time the order is sent by the Consumer.

1.3 The Site is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Consumers are defined as any natural person who uses the Site for purposes unrelated to their commercial, entrepreneurial, or professional activity.

Individuals who are not Consumers are advised not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale will apply but, notwithstanding their provisions:

a) the buyer will not be granted the right of withdrawal referred to in Article 10;

b) the buyer will not be able to benefit from the guarantee on the Products indicated in article 8;

c) the buyer will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law;

d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

1.4. To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.

1.5. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.

Art 2. Product characteristics and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other conditions or terms.

2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its sole discretion, without prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

2.3. Prices, Products for sale on the Site, and/or their features are subject to change without notice. Before submitting the purchase order pursuant to point 3 below, the Consumer is invited to verify the final sale price.

2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the countries listed on the Site, with no exceptions. However, the list of countries may be updated by the Seller and will be effective from the date of publication on the Site.

Art. 3. Methods of purchasing the Products - Completion of each individual purchase contract

3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. The purchase order sent by the Consumer to the Seller via the Site constitutes a contractual proposal and is governed by these conditions of sale, which constitute an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal.

3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer, to the email address provided to the Seller when registering on the Site, an order confirmation email. This email will contain a link to the text of these general terms and conditions of sale, a summary of the order placed, and a description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation, and the general terms and conditions of sale applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems.

3.4. Each purchase contract for the Products is deemed to be concluded when the Consumer receives the order confirmation from the Seller via email.

3.5. The language available for concluding the contract with the Seller is Italian and/or English.

Art.4. Methods for selecting and purchasing the Products

4.1. The Products presented on the Site may be purchased by selecting the Products the Consumer is interested in and adding them to the virtual shopping cart. Once the Products have been selected, to purchase the items added to the cart, the Consumer will be asked to register on the Site by providing the requested information, or to log in if the Consumer is already registered, or to provide their data in order to complete the order and allow the contract to be finalized. If the information indicated in the order is different from that provided during registration on the Site, the Consumer will be asked to confirm their data, as well as the delivery address for the selected Products, the billing address, and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made.

4.2 At the end of the procedure, the Consumer will see a summary of the order to be executed and will be asked to confirm his purchase, which will then be definitively sent to the Seller and will produce the effects described in the previous art. 3.

4.3 The Consumer is required to pay the full price of the products ordered in advance via PayPal.

Art 5. Delivery of goods and acceptance

5.1. Product delivery times are: 3-6 working days for Italy, 5-8 working days for Europe, 7-11 working days for countries outside Europe, 48 hours after the order is confirmed by the Seller to the customer. These times are indicative and not strictly binding on the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day following the day on which the Consumer placed the order. In the event of failure by the Seller to fulfill the order due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the Product pursuant to paragraph 5.3 below.

5.3. The Products ordered by the Consumer will be shipped via express courier. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the purchased products and to promptly inform the Seller of any defects in the products received or any discrepancies from the order placed, according to the procedure set forth in Article 8 of these General Conditions of Sale. Failure to do so will result in the products being deemed accepted. If the packaging or wrapping of the products ordered by the Consumer arrives at their destination clearly damaged, the Consumer is invited to refuse delivery from the carrier/shipper or to accept delivery "with reservations."

Art 6. Prices, shipping costs, taxes and duties

6.1. The price of the Products is the one indicated on the Site at the time the order is placed by the Consumer. Prices are expressed in (€) and include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable). They do not include shipping costs, which are calculated before the order is confirmed by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.

6.2. The Consumer shall pay the Seller the total price, as reported in the order and in the order confirmation sent by email by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if applicable, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is encouraged to consult the competent authorities in their country of residence or destination of the Products to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. The Consumer is solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered on the basis of these general conditions of sale.

6.5. The Consumer declares that lack of knowledge of the costs, charges, duties, taxes and/or fees referred to in the previous paragraphs 6.3. and 6.4., at the time of sending an order to the Seller, shall not constitute grounds for termination of this contract and that he/she shall not in any way be entitled to charge the aforementioned charges to the Seller.

Article 7. Payments

7.1. Payment for the Products purchased through the Site takes place securely and upon confirmation of the sending of the purchase order to the Seller via PayPal.

7.2. The Seller may allow additional payment methods, indicating them in the payments section of the Site, which will become effective upon their publication.

7.3. The Seller will promptly send the Consumer, where required by applicable law, in electronic format via email to the address provided by the Consumer, the receipt relating to the purchase made, if the Products purchased are intended for delivery within Italy, or attached in paper format to the Products purchased, in all other cases.

Art. 8 Seller's legal guarantee of conformity, reporting of defects of conformity and interventions under warranty

8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from design and material defects and compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty does not apply in the event of use or washing of the Product not in accordance with the Product's intended use and the instructions/warnings provided by the Seller and/or the Owner, or reported in the relevant explanatory documentation, tags, or labels.

8.2. Under penalty of forfeiture of this guarantee, the Consumer has the obligation to report any defects and non-conformities within and no later than 8 days of discovery, by sending a communication to the Seller, by email to the address info@the-m.it , indicating the defect and/or non-conformity found, as well as the relevant documentation proving the anomalies found on the purchased product (for example, a photograph).

8.3. Upon receipt of the complaint and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer and, after carrying out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products. The Seller will provide the Consumer with a response via email to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be verified after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice, within 30 (thirty) days of reporting the defect or non-conformity, to the following address:

Due Srl - VIA CALCINARO 2133, 47521 Cesena (FC) Italy

8.4. If the Seller is required to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to inform the Seller, always by email to the address info@the-m.it bank details to make the transfer in your favor and to ensure that the Seller is able to refund the amount due.

Art. 9. Liability for damage caused by defective products

9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) apply. The Seller, as distributor of the products via the Site, releases itself from any liability, without exclusion and/or exception, by indicating the name of the relevant product manufacturer.

Art. 10. Right of withdrawal - Information

10.1. The Consumer is granted the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within 7 (seven) days. from the delivery of the products.

10.2. To exercise the right of withdrawal, the Consumer must send a written communication to the e-mail address info@the-m.it within and no later than the terms indicated above

10.3 Following the provisions of the previous point 10.2, the Consumer will receive an email confirming the exercise of the right of withdrawal. No later than the following 7 days The Consumer must return the products by sending them to:

Due Srl - VIA CALCINARO 2133, 47521 Cesena (FC) Italy

10.4. The Consumer, in the event that he has received the product, is required to return it to Due srl without undue delay and, in any case, within 7 days. from the day you communicated your withdrawal. The deadline is met if the goods are returned before the 7-day period expires. The risks and direct costs of returning the goods will be borne by the Consumer.

10.5 In the event of withdrawal, the Consumer has the right to obtain a refund of the payments made, including delivery costs, without undue delay and, in any case, no later than 7 days. from the exercise of the right of withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different payment method, in which case the Consumer will be responsible for any additional costs resulting from the different payment method. The refund may be withheld until the goods are received or until the Consumer demonstrates having returned the goods, whichever is earlier.

10.6 The Consumer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their parts and accessories (including unaltered labels and tags attached to the product), not accompanied by the accompanying instructions/notes/manuals, the original packaging and wrapping, and the warranty certificate, if applicable, the Consumer will be liable for the diminished value of the goods and will be entitled to a refund equal to the residual value of the Product. To this end, therefore, the Consumer is advised not to handle the goods beyond what is strictly necessary to establish their nature, characteristics, and functioning, and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.

Art 11. Intellectual property rights

11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written text or graphic used on the Site or relating to the Products are and remain the exclusive property of Due srl and/or its successors in title, without access to the Site and/or the purchase of the Products conferring any rights on the Consumer to the same.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Due Srl.

Art. 12. Consumer data and privacy protection

12.1. In order to register, place an order, and therefore conclude this contract, the Consumer is required to provide certain personal data through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and in compliance with the provisions of Italian Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to process each purchase made through the Site and, with the Consumer's consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.

Art. 13. Security

13.1. Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided authentication (login), will not be accessible or viewable by unauthorized third parties.

Article 14. Applicable law and competent court

14.1. General Conditions of Sale. Each sales contract concluded between the Seller and Consumers pursuant to these general conditions of sale will be governed by and interpreted in accordance with Italian law and in particular Legislative Decree no. 206 of 6 September 2005 on the Consumer Code, with specific reference to the regulations regarding distance contracts, and Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce. In any case, any rights granted to Consumers by mandatory provisions of law in force in the latter's country will be safeguarded.

14.2. For any dispute arising from or relating to the contract, the following shall have jurisdiction: a) the Court of the customer's place of residence or domicile, if the customer is a consumer pursuant to current legislation; b) exclusively, the Court of Ravenna, Italy, in any other case.