This information is provided for the website “www.ecliss.com” (Website) owned by Ecliss Milano SRL, registered offices at 73, Ripa di Porta Ticinese Milano, Italy 20143, Chamber of Commerce of Milan, VAT No. 06660180966, fully paid-up share capital of € 50,000 (Seller).

1.1 Any sale on the website constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of the Legislative Decree dated September 6th, 2005, Nr. 206 (Consumer Code) and Legislative Decree Nr. 70 dated April 9th, 2003, containing e-commerce regulations.

1.2 General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as working days, therefore Saturdays, Sundays, and national holidays are excluded.

1.3 The General Conditions of Sale may be changed at any time. Any amendments and/or new conditions will be in effect from the time of their publication on the Site. You are therefore encouraged to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.4 The General Terms and Conditions of Sale applicable are those in effect on the date the purchase order is submitted.

1.5 These Terms and Conditions of Sale do not govern the sale of products and/or services by parties, other than the Seller, that may be present on the Site through links, banners or other hyperlinks. Before transacting business with such parties, you should check their terms and conditions of sale. The Seller is not responsible for the services and/or sale of products provided by such parties. On the websites that can be consulted through these links, the Seller does not perform any control and/or monitoring. Therefore, the Seller is not responsible for the contents of these websites nor for any errors and/or omissions and/or infringements of the law by these parties.

1.6 You are required to carefully read these Terms and Conditions as well as any and all other information provided by the Seller on the Site, including during the purchasing process.

1.7 Submitting a purchase order constitutes acceptance of these General Terms and Conditions of Sale.

2.1 Making purchases on the Website

• can take place after registering on the website, which is optional
• is permitted both to users who are consumers as well as users who are professionals. Pursuant to Article 3, Paragraph I (a) of the Consumer Code, please note that a consumer is considered a natural person acting for purposes unrelated to any possible entrepreneurial, commercial, professional or craft activities; while according to Article 3, Paragraph I (c) of the Consumer Code, a professional is a natural person or legal entity acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or an intermediary acting on their behalf.

2.2 In the case of orders, from whomever they may originate, which are found to be abnormal in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take any and all actions necessary to bring the irregularities to an end.

2.3 The Seller reserves the right to reject or cancel orders that come from:

• a user with whom the Seller has ongoing legal disputes
• a user who has previously violated the General Conditions of Sale
• a user who has been involved in crimes
• • by a user who has issued false, incomplete or otherwise inaccurate identification data or who has failed to send to the Seller, in a timely manner, the documents as requested or who has sent invalid documents

3.1 In order to register on the website you must fill out the form and provide the following information:

• email>
• password.

3.2 You agree to notify the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.

3.3 A registered user of the Site guarantees that the personal information provided by him/her is complete and true and agrees to hold the Seller harmless and indemnified against any damages, claims and damages and/or penalties arising out of and/or in any way connected with a violation by the user of the rules on registration to the Site or on the storage of registration credentials and/or the in providing false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to proceed in disabling the user’s account.

4.1 In accordance with Legislative Decree No. 70 dated 9th April 2003 which lays down provisions regarding electronic commerce, the Seller informs you that:

• to conclude a purchase contract on the Site, you must complete an order form and submit it to the Seller, electronically, following the instructions as they appear on the Site
• the contract is concluded when the order form reaches the server of the Seller
• upon receipt of the order form, the Seller will confirm your order by sending you an email containing:
  • o information on the features and details of the purchases
  • o price indication

5.1 Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users may purchase the same Product at the same time, that the Product ordered is no longer available after the purchase order has been submitted.

5.2 Information on the availability of each Product is available on the Site.

5.3 You will be informed if the Product you have ordered is unavailable, in which case You will be entitled to terminate the purchase contract as provided by, and to the effects of, the provisions of Article 61, paragraph IV and V, of the Consumer Code.

5.4 Alternatively, you may accept:

• if the item is restocked, an extension to delivery times by the Seller, indicating a new delivery date.
• if the product cannot be restocked, that the Seller will supply a different product, of the same, or greater, value, subject to payment, in the latter case, of the difference, and upon User’s prior, express consent.

5.5 If a refund is requested for the payment of Products purchased that later turned out to be unavailable, the Seller shall make the refund within a maximum period of 15 days.

5.6 In the event that you avail yourself of the right to terminate the agreement provided for in Article 61, paragraphs IV and V of the Consumer Code, the contract shall be terminated; in the event that payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, resulting from the order (Total Amount Due) has already taken place, the Seller shall make a refund of the Total Amount Due in accordance with the provisions of the article “Payment Method” below.

6.1 Each Product has a page containing information outlining its main features (Information Sheet). The images and descriptions on the Site convey the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the actual colors due to our computer settings or to the computers you use to view them. The Product images in the Information Sheet, moreover, may differ in size or in relation to any accessory products. These images should therefore be considered as indicative with potential differences.

7.1 All the prices of Products on the Site include Value Added Tax.

7.2 The Seller reserves the right to change the price of Products, at any time, without notice, provided that the price charged to you shall be the price shown on the Site at the time you place your order, and that no account shall be taken of any change (increase or decrease) after the order has been placed.

7.3 Shipping charges, if any, are expressly and separately stated in the order form before the user sends it.

8.1 Seller will ship the Products only after receiving confirmation of payment authorization or upon receipt of the Total Amount Due. Ownership of the Products will transfer to you upon shipment, which shall be deemed to be the time the Product is given to the carrier. On the other hand, the risk of loss or of damage to the Products, due to causes not attributable to Seller, shall be transferred to you when you, or a third party designated by you, other than the carrier, takes physical possession of the Products.

The Service you choose will be carried out only upon payment of the Total Amount Due. The Vendor reserves the right not to provide the Service if, subsequent to the submission of Your purchase order, if it can be established that You have not paid all or part of the Total Amount Due.

8.2 The purchase contract is decisively conditioned by the non-payment of the Total Amount due. Unless otherwise agreed upon in writing with you, the order will be cancelled accordingly

9.1 The following payment methods are allowed:

• Credit cards
• Bank transfer

9.2 The Seller accepts the following credit cards:

• VISA
• MasterCard (Cirrus Maestro)
• American Express

They are, in any case, indicated in the footer on each page of the website.

The Site gives you the option to authorize the storage of the credit card data provided by you and its reuse for the payment of subsequent purchases on the Site. You will be able to revoke the authorization to reuse your payment card information for subsequent purchases by following the instructions on the Site.

You will be charged only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has given authorization.

In application of the 2015/2366/ (EU) Directive on payment services in the internal market (PSD2), user is informed that he/she may be required to complete the purchase process by meeting the authentication criteria required by the payment company handling the online payment transaction. Authentication criteria refer to the identity of the user (in order to meet this criteria, the user must be registered to the Site at the time of the purchase transaction) and, at the same time, to the knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Non-completion of this process may mean that it will be impossible to complete the purchase on the Site.

Confidential payment card details (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. Seller shall never have access to, nor store, data regarding the payment card used by you to pay for the Products, not even if you should choose to store this data on the Site.

The charge will be made at the time the order is placed.

9.3 Should you choose bank transfer as your method of payment, after placing your order you may make the payment using the bank details indicated on the Site.

In the case of payment by bank transfer, Product delivery time as indicated in the Product Sheet and/or on the Site, will commence from the date of receipt of the bank transfer by the Seller and not from the date the order is placed, as is the case if You choose other methods of payment.

Unless otherwise agreed, Services will be rendered only after receipt by bank transfer of the Total Amount Due.

You are requested to include the following information as your reason for payment transfer:

• order reference number
• name and surname of purchaser, if different from the holder of the bank account from which the transfer originates

Once the order has been sent, you must arrange for payment within 2 working days. If you fail to do so, the Seller reserves the right to cancel your order within the following 7 working days.

10.1 There are no restrictions on delivery, except in cases that may be indicated on the Site and/or in the Product Sheet.

10.2 Shipping charges are indicated from time to time on the Site and/or on the Product Sheet.

10.3 From the date the order is placed, the Products will be delivered within five days and, in any event, no later than thirty days from the date the contract was concluded.

10.4 >It is your responsibility to verify the conditions of the Product delivered. Notwithstanding the fact that the risk of loss of or damage to the Product, due to causes not attributable to the Seller is transferred when you, or a third party designated by you, other than the carrier, takes physical possession of the Product, the Seller recommends that you verify the number of Products received, that the packaging is intact, not damaged, nor wet or otherwise altered, including the sealing materials, and you are invited, in your own interests, to indicate on the carrier’s transport document, any anomalies, and accept delivery of the package with reserve. If the package shows obvious signs of tampering or alteration, you should immediately notify the Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.

10.5 You have the option to pick up the Product from a pick-up point, according to the options and methods available on the Site and/or during the purchase process, provided that this method is available for the Product selected by you. You will be promptly notified when the Product is ready to be picked up at your selected pickup point. From notification you will have 5 days to pick up the Product from the pick-up point. Unless otherwise agreed, if you fail to fulfill this obligation, the purchase contract will be deemed terminated by law, pursuant to and in accordance with Article 1456 of the Italian Civil Code. As a result of this termination, the order will be cancelled and the Seller will proceed in refunding the Total Amount Due paid by you, less shipping costs. Failure to collect the Product shall not be construed as an exercise in the right of withdrawal, if any, and shall not entitle you to a full refund of the sums paid for the purchase of the Product.

11.1 In the event of a purchase on the Site, and unless otherwise indicated, you do not have right of withdrawal, provided by Article 52 of the Consumer Code, regarding the Product or Products indicated in this article. In fact, the Site sells:

• custom-made or clearly customized goods.

11.2 If you are a consumer, you have the right to withdraw from the Product purchase contract without having to provide any reasons and without incurring any costs other than those provided in this article within a period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after fourteen days:

1. in the case of an order for one single Product, from the day you or a third party, other than the carrier and as indicated by you, acquires physical possession of the Products;
2. in the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier, chosen by you, acquires physical possession of the last Product;
3. 3. in the case of an order for delivery of a Product consisting of multiple lots or items, from the day you or a third party, other than the carrier and as chosen by you, acquires physical possession of the last lot or piece.

11.3 To exercise your right of withdrawal, you must inform the Seller of your decision to withdraw, before the Withdrawal Period expires. For this purpose You may:

• use the standard form for withdrawal (Standard Withdrawal Form) made available to you on the Website
• • communicate your wish to withdraw using the Declaration of Withdrawal address

11.4 You will have exercised your right of withdrawal within the Withdrawal Period if the notice regarding exercising your right of withdrawal is sent by you before the Withdrawal Period expires. The notice must be sent in the following manner:

via this section of our website:

FREE ONLINE RETURNS OR EXHANGES

It should be noted that since the burden of proof in order to exercise right of withdrawal before the Withdrawal Period has expired is your responsibility, it is in your own interests to make use of a durable means when communicating your withdrawal to the Seller.

11.5 The Seller offers you the possibility to fill out and send a Model Withdrawal Form electronically following the guided procedure made available on the Website.

11.6 Should you exercise your right of withdrawal, the Product must be sent to our head offices as indicated in the present General Conditions of Sale.

11.7 The costs of returning the Products shall be borne by you, as well as the responsibility for shipping them.

11.8 If you terminate the contract, the Seller shall reimburse the Total Amount Owed, including delivery costs, if applicable, without undue delay and in any case not later than 14 calendar days from the day the Seller was informed of His/Her decision to withdraw from the contract. Reimbursement shall be made using the same methods as per the initial payment. If you have returned the Products using a courier of your choice and at your expense, the Seller may withhold reimbursement until the Products have been received or until you are able to provide proof of shipment of the Products, whichever comes first.

11.9 You are solely responsible for any decrease in the value of the Products as a result of having handled the Product in a different way from that necessary to establish the nature, the characteristics and functioning of the Product. The product must be kept, handled or inspected with due care and diligence and returned intact, complete in all its parts, and in perfect working order, with all accessories and instruction leaflets, as well as identification leaflets, labels and single-use seal, where present, still attached to the Product, intact and untampered with, as well as being perfectly suitable for the use for which it was intended and lacking signs of wear and tear. Withdrawal, furthermore, applies to the Product in its entirety. It cannot be applied in relation to Product parts and/or accessories.

11.10 In cases where the Product for which right of withdrawal has been exercised, has undergone a reduction in value, resulting from the handling of the goods in a manner other than that which is necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to reduce reimbursement by an amount equal to the reduction in value. These circumstances and subsequent reduced reimbursement will be communicated by the Seller upon receipt of the Product, and, if reimbursement has already been made, supplying bank details for the payment of the amount due by the User as a result of the reduction in value of the Product.

11.11 Should right of withdrawal not be exercised as laid down in the applicable laws, it shall not lead to the termination of the contract, and, as a result, will not entitle you to any reimbursement. The Seller will inform the Buyer from receipt of the Product, and reject the withdrawal request. The Seller will keep the Product available to be picked up, which shall take place at Buyer’s own expense and responsibility.

11.12 In the event that one of the legal hypotheses apply, and the right to withdraw is not applicable, this exclusion shall be specifically and expressly communicated to the Website.

11.13 the amount of delivery expenses to be reimbursed to you will be calculated in proportion to the value of the Product returned. Therefore, if for example, you have placed an order amounting to 200 Euros, which includes two Products, the first of the value of 50 Euros and the second 150 Euros, and you return the Product worth 150 Euros, you will be refunded an amount equal to 75% of the shipping costs. In any case, the amount of delivery costs to be returned shall never exceed the actual price paid.

All Products sold on the Website are covered by a Legal Guarantee of Conformity provided in Articles 128-135 of the Consumer Code (Legal Guarantee).

To whom the directive should apply

The Legal Guarantee is reserved for consumers. It may, therefore, be applicable only for those users who have made a purchase on the Website for purposes other than the business, trade, craft or profession they may perform.

When it applies

The Seller is liable to the consumer for any lack of conformity in the Product that occur within two years from date of delivery. Lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within two months from the date it was discovered.

Subject to proof to the contrary, it shall be presumed that any non-conformity that appears within six months from the delivery date of the Product already existed on that date, unless this presumption is incompatible with the nature of the Product or the nature of the conformity defect. From the seventh month following the delivery of the Product, the Buyer shall bear the burden of proving that the conformity defect already existed at the time of delivery of said Product.

In order to be able to benefit from the Legal Guarantee, the Buyer shall first and foremost supply proof of purchase and delivery of the goods. It is advisable therefore, that the Buyer, for the purposes of such proof, keep the purchase invoice, or any other document that can serve as proof of purchase (for example, credit card statement) and the date of delivery.

In the case of termination of contract, the Seller shall reimburse the Buyer by returning the whole amount paid, comprising the Product purchase price, shipping costs and any other additional costs. In the event of price reductions, the Seller shall return the amount of the reduction, previously agreed upon with the consumer. The refund or reduction shall be made using the same method or means of payment used by the Buyer for the purchase.

The Seller is not responsible for damage, of any kind, resulting from improper use of the Product, and/or contrary to the instructions supplied by the manufacturer and as a result of damage caused by accident or force majeure.

If the purchase was made by you as a “professional” according to the provisions laid down in the Consumer Code, the preceding paragraphs of this article do not apply. Upon its purchase from the Website the legal guarantee as provided for in art. 1490 c.c. shall apply.

13.1 Products sold on the Website, depending on their type or nature, may be covered by the manufacturer’s standard limited guarantee (Standard Guarantee). Claims under this guarantee may only be made against the manufacturer. The duration, territorial scope, conditions and usage, the type of damage/defects covered and the possible limitations in the Standard Guarantee depend on each single manufacturer. The Standard Guarantee is voluntary and shall not limit, prejudice nor exclude the Legal Guarantee.

14.1 Purchase contracts concluded on the Website are governed by Italian law. This is without prejudice to the application to consumer users, who are non-residents in Italy, of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

14.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the Court of the place where the user resides, or is domiciled, shall have jurisdiction. In the case of a professional user, on the other hand, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller has registered offices, shall have jurisdiction pursuant to the provisions of Article 1 above.

14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the User in his/her status as a consumer as per art. 3 comma 1, lett. A) of the Consumer Code, that, should he/she have lodged a complaint directly to the Seller, as a result of which, however, it was not possible to resolve the dispute, the Seller will provide information, regarding the Alternative Dispute Resolution body or bodies, for an out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies, as referred to in Articles 141-bis et seq. Consumer Code), stating whether or not it intends to use such bodies to resolve the dispute.

14.4 The Seller also informs the user who qualifies as a consumer under Article 3(1)(a) of the Consumer Code, that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be accessed 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 entities, find a website link for each of them, and initiate an online resolution procedure for the dispute in which he or she is involved.

14.5 In any case the consumer user’s right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, is without prejudice, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

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

You can request information, send communications, request assistance, or file complaints by contacting the Vendor in the following ways:

• by completing and submitting the form available at the following link “_____________”
• by email, to the following address: info@ecliss.it .

Il Venditore risponderà ai reclami presentati entro 5 giorni dal ricevimento degli stessi.