malka roma

General Terms and Conditions of Sale

1) GENERAL NOTES

These general terms and conditions of sale (hereinafter “General Terms” or “GTC”) are governed by the Consumer Code (Legislative Decree no. 206/2005), Section II, Distance Contracts (Articles 50-67), by regulations on electronic commerce (Legislative Decree no. 70/2003 – Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce) and by the Italian Civil Code. They exclusively apply to the online sale of products marketed by Benedetta 05 Srl on the website (hereinafter “Products”) and govern and constitute an integral and substantial part of all contracts entered into by the Customer with Benedetta 05 Srl. By placing an order, the Customer declares to have read and accepted these GTC. These GTC prevail over any other general contract conditions invoked in relation to one or more contracts.

The Customer undertakes to print and/or electronically store, according to their preferred method, these General Terms of Sale.
In case of changes to the General Terms, which Benedetta 05 Srl reserves the right to make without prior notice, the General Terms published on the website at the time of the Customer’s order will apply.

The mere tolerance or non-contestation by Benedetta 05 Srl of any breaches by the Customer regarding the content of the GTC cannot be interpreted as tacit acceptance of such breaches or as a waiver of what has been agreed between the parties.

The owners of the trademarks whose products are marketed on the website are not parties to this contract but remain the sole owners of the rights to the logos, registered trademarks related to the products presented on the website, and holders of the corresponding copyrights.
•The contents of the website cannot be reproduced, either in full or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Benedetta 05 Srl.

To validly conclude this contract, legal capacity to act and any age limits prescribed by law, which the Buyer declares to possess, are required.
Benedetta 05 Srl does not apply any fees or charges for access to the website. Any expenses necessary for internet connection to the website (including telephone expenses if applicable) are the sole responsibility of the Buyer, according to the rates applied by the chosen operator.

Prices and goods for sale on the website are subject to change without notice.

The Seller reserves the right, without notice, to modify the goods on the website or to change their characteristics at any time and without any obligation.

The Seller reserves the right to make changes and improvements to any product offered on the website, without the obligation to make such changes to those already sold.

 Users from around the world can access this website, where all the products are expressly intended for sale. However, the website may contain references to goods that are not available or not purchasable in the visitor’s country.

By placing an order, the explicit acceptance of these General Terms of Sale and their application is acknowledged.

These General Terms of Sale apply to the exclusion of other terms and conditions. Unless expressly accepted in writing by Benedetta 05 S.r.l., any general or special terms and conditions are expressly excluded.

2) CONTRACT CONCLUSION

The publication of the products displayed on the website constitutes an invitation to the Customer to make a contractual purchase proposal. The order sent by the Customer is considered a contractual proposal and implies complete knowledge and integral acceptance of these General Terms of Sale and the rules on privacy and cookies policy. The conditions of this offer apply exclusively to purchases made on the website.

Purchase contracts (hereinafter “Contracts”) concluded on the website are entered into by the Customer and Benedetta 05 Srl. The contract concluded between Benedetta 05 Srl and the Customer is deemed concluded with the acceptance, even partial, of the order by Benedetta 05 Srl, which reserves the right, at its sole discretion, to accept the order. Acceptance is deemed implicit unless communicated otherwise to the Customer by any means. By placing an order in the various ways provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions set forth below.

Some non-substantial features of a product may differ at the time of delivery from the illustrations and descriptions displayed on the website. However, this cannot be a reason to contest the conformity of the supply.

The offer is valid only based on availability. If an out-of-stock product is ordered, the customer will be notified as soon as possible via email, and the customer has the right to cancel the order. The company is not responsible for the temporary or non-temporary unavailability of a product on the website and/or for any damages that may result from the aforementioned unavailability. Given the nature of the product, the company may unilaterally modify or withdraw the acceptance of the proposal at any time. The company may apply specific conditions to a particular product, such as a limited validity period.

Orders cannot be placed for products that, although present in the website catalog, are indicated as unavailable. In any case, the products on the website are offered until stocks are exhausted and subject to their actual availability. Information on the availability of products will be provided to the Buyer at the time of sending an email confirming the receipt of the order.

The Buyer can select one or more products and/or services from the various categories available on the website.

Benedetta 05 Srl may change the assortment of products offered for sale on its website at any time, especially due to reasons related to its suppliers and/or information related to them, such as prices, descriptions, or availability of products, without the obligation of prior notice. Benedetta 05 Srl will not make any changes to the price, availability, or description of any product after accepting the order sent by the Buyer.

Before placing the order, the Buyer can review on the website all the information required by Article 49 of Legislative Decree September 6, 2005, no. 206 (“Consumer Code”), such as, for example and not exhaustively, information about the Seller, price, including taxes and shipping costs, essential characteristics of the product/s or services they want to purchase, along with all other mandatory information required by Italian law.

The products comply with the applicable legislation in Italy in force at the time of the order. Benedetta 05 Srl cannot be held responsible for the non-compliance of the products with the legislation of the country where the Buyer wishes the delivery to be made. The Buyer is obliged to check with the local authorities of the country of delivery of the products the methods of importation and/or use of the products and services they intend to order. Benedetta 05 Srl cannot guarantee that the information on the packaging of the products will be translated into languages other than Italian.

The photographic representation of the products on the website has indicative value for sales, with a purely illustrative purpose, without any guarantee or commitment by Benedetta 05 Srl regarding the exact correspondence of the image depicted on the website with the actual product (for example, but not exhaustively: dimensions, color, shape, accessories shown in the figure, etc.). In case of discrepancy between the image and the written product description, the product description always prevails.

3) PRICES

All prices on the website are considered public prices and, therefore, do not include any customs duties for deliveries to countries outside the European Union. Benedetta 05 Srl reserves the right to change prices at any time without prior notice. In case of publication of an incorrect and/or clearly unreasonable price, for any reason (system error, human error, etc.), the order will be canceled, even after the initial validation.

All prices include VAT and other taxes as required by law.

Delivery charges and those for any cash-on-delivery payment, if this method is allowed at the time of placing the order, are the responsibility of the Customer and will be clearly indicated in the Purchase Order. In case of a purchase exceeding €300.00 (three hundred euros), shipping costs remain the responsibility of the Seller.

The Products are subject to the price displayed on the website at the time of confirmation, without consideration of previous offers or any subsequent price changes, which, however, may vary at the time of confirmation based on the tax treatment applicable to the Buyer, with a request for a lower tax base.

If the products are to be delivered to a country outside the European Union, the total price indicated in the Order and reiterated in the Order Confirmation, inclusive of VAT, is net of any customs duties and any other sales tax, which the Buyer undertakes to pay, if due, in addition to the price indicated in the order and reiterated in the order confirmation, as required by the laws of the country where the Products will be delivered. To obtain information on any duties or taxes applied in the Buyer’s country of residence or destination of the products, the Buyer is advised to inquire with the competent authorities of their country of residence or destination of the products.

Any other costs, charges, taxes, and/or duties that a given country may apply for any reason to the products ordered under this contract are the sole responsibility of the Buyer.

The Buyer declares that the lack of knowledge on their part of the costs, charges, duties, taxes, and/or duties mentioned in the previous paragraphs, at the time of sending an order to the Seller, cannot constitute a cause for the resolution of this contract and cannot be charged to the Seller in any way.

Benedetta 05 Srl develops promotional campaigns at defined intervals and at its sole discretion, also to promote the access of new Buyers to the site and reward the loyalty of its regular Customers. Therefore, it reserves the right to interpret the conditions of application of the promotions, extend them by notifying in due time and manner, or proceed to exclude any participant in the promotions in case anomalies, abuses, or unethical behavior are identified.

Online transactions with Credit Cards are carried out directly on the bank’s website, through a Secure Server that adopts the SSL (Secure Socket Layer) protection system. This protocol allows communication in a way designed to prevent interception, modification, or falsification of information. Benedetta 05 Srl does not become aware of the credit card details used by its customers.

4) ORDER

Purchase Orders must be made exclusively online through the ordering procedure on the website, excluding any other form (e.g., phone, correspondence, email).

The Purchase Agreement is considered concluded at the moment of receipt of the order by Benedetta 05 Srl; in this case, Benedetta 05 Srl undertakes to acknowledge receipt of the Order by sending a confirmation email to the email address provided by the Customer. This Confirmation will summarize the selected Products, their Prices (including delivery charges), the delivery address, the order number (to be referred to later for any communications), and the General and specific Conditions applicable to the Order.

In the case of multiple orders, as many contracts as the ordered Products are considered concluded.• For each individual transaction, the purchase of a maximum of 10 (ten) units for each article reference on the website is possible.

The order cannot be placed for products that, although present in the website catalog, are indicated as unavailable. In any case, the products on the website are offered until their availability is exhausted, and Benedetta 05 Srl, if it finds the stocks unavailable, has the right to communicate this even after payment and offer a refund.

The Customer is solely responsible for the truthfulness and correctness of the information and data provided to Benedetta 05 Srl and requested by the latter through the Website, and undertakes to promptly communicate any changes to the data entered. Any additional charges determined by errors or omissions in entering data in the purchase form or not reported promptly will be borne by the Customer.

4) PURCHASE PROCEDURE

The customer can purchase the Products on www.malkaaroma.it, illustrated within their respective categories, as described in the informative sheets on the website, by following the technical access procedures outlined below.

To purchase products, the customer must register on the site by entering their details in the registration form and must fill out the electronic order form available on the site, following the instructions outlined below. If the customer does not want to register on the site, they can conclude the purchase procedure as a “Guest” but will not be able to check the status of their orders and take advantage of discounts and promotions.

The customer must add the selected products to the “Cart” and proceed with the purchase.

If the customer needs to modify some data in their purchase order, they must follow the appropriate modification procedure on the Site. Specifically, the customer can modify the quantity of products they intend to purchase by adding or removing one or more products from the cart.

After completing this operation, the customer will view the summary of the purchase order, including shipping costs, with a request for further confirmation of the purchase procedure.

Subsequently, the customer must select the desired payment method, i.e., Credit Card, PayPal, or Cash on Delivery, and send the order by clicking on the appropriate button.

Once the order is placed, the customer will receive a summary of the purchase in their specified email inbox.

The discount voucher and promotional code, if provided by the Seller, can be indicated in the order form by the customer within the cart, so the system will update the total amount of the order net of the value of these instruments. The discount voucher may be cumulative with other commercial initiatives only in cases where expressly indicated.

Benedetta 05 S.R.L., at its sole discretion, may impose quantitative limits on the number of Products that can be purchased by the customer and the maximum value of each order by the Customer.

5)  PAYMENT METHODS

Unless otherwise agreed, the Customer will pay the full price of the ordered items simultaneously with the submission of the Order. Benedetta 05 Srl reserves the right to deliver the purchased items only after receiving payment in full. As part of the order submission process, as specified on the Site, Benedetta 05 Srl may offer various payment methods at its complete discretion, with the possibility of variation without the need for prior notice. These methods may include payment through the secure “PayPal” system, bank transfer, and any other method better described in the appropriate section of the Site.

Simultaneously with the communication of the Order Confirmation, the amount corresponding to the purchased Products will be debited from the Customer. In the case of payment by bank transfer, the communication of the Order Confirmation will occur following the receipt of payment.

The customer agrees to receive invoices, if requested, in electronic format. The information provided by the Customer will be considered valid for invoice issuance, and no changes will be possible after the invoice has been issued.

By accessing the payment procedure and submitting it, the Customer declares not to violate Legislative Decree no. 231/07, as supplemented by the recent Legislative Decree no. 151/09, concerning national legislation on the prevention of money laundering of illicit origin.

6) DELIVERY METHODS
Benedetta 05 Srl will deliver the purchased products within 3 working days (excluding holidays and Saturdays and Sundays), through trusted carriers that will be communicated to the Customer after payment and may vary at any time for better order processing.

At the time of product delivery to the Customer by the carrier responsible for their transport, the Customer must check, in the presence of the carrier: a) that the quantity and type of ordered products correspond to what is indicated in the transport document; b) that the packaging for transport is intact, as well as any seals affixed by Benedetta 05 Srl or the carrier, not damaged, wet, or otherwise altered, even only in the closing materials; c) that the quantity, quality, and type of delivered products correspond to what was ordered.

Any anomalies or discrepancies must be immediately reported to the carrier at the time of receiving the Products, through their accurate notation in the delivery note or on the transport document, and contact immediately and, in any case, no later than 7 (seven) days from the delivery, through the channels and references listed in the “Contacts” section.

7)  DELIVERY COSTS

Delivery costs to be paid together with the price of the purchased goods are the responsibility of the Customer and will be clearly indicated in the Order. The cost of each shipment may vary depending on the delivery and payment method, as well as the destination and the total amount of the order. In the case of a purchase exceeding €300.00 (three hundred euros), shipping costs remain the responsibility of the Seller.

8) CUSTOMER SUPPORT SERVICES

The Customer can obtain information about after-sales support services by accessing the relevant section of the Site or by contacting Benedetta 05 Srl through the channels and references listed in the “Contacts” section.

9) RIGHT OF WITHDRAWAL

If the Customer is a “Consumer,” as defined in Article 3 of the Consumer Code, they are entitled to the rights under Article 64 of the Consumer Code within the limits provided by this regulation. Therefore, they have the right to withdraw from the Purchase Agreement (hereinafter “Right of Withdrawal”) for any reason, without providing any explanation and without any penalty, in the ways specified below and according to the most favorable ones that may result from a modification of the Consumer Code.

Withdrawal may concern all the Products marketed by Benedetta 05 Srl on the Site purchased by the Consumer (Total Withdrawal) or only part of them (Partial Withdrawal).

The right of withdrawal is exercised by sending, within 14 (fourteen) calendar days from the date of receipt of the Products (the date on the delivery note is considered proof of receipt), a communication via email to malkat.roma@gmail.com. The Withdrawal communication must expressly state the intention to withdraw from the Purchase and the Product or Products for which the right of Withdrawal is to be exercised, attaching a copy of the relevant purchase invoice and the transport document (DDT). In the communication, the Customer must also confirm that the Products are intact and kept in perfect condition in their original packaging, complete in all its parts.

Following the correct exercise of the right of withdrawal, Benedetta 05 Srl will send the necessary authorizations to the Customer via email to proceed with the return.
The return of the Products must take place within 30 (thirty) calendar days from the date of receipt. For the purpose of the deadline, the Product is considered returned when it is delivered to the accepting post office or the carrier.

The right of withdrawal is subject to the following conditions:
o the right applies to individual Products purchased in their entirety;
o the purchased products must be intact and returned in the original packaging, complete in all its parts (including packaging and accessory documentation);
o the right cannot be exercised if it concerns sealed goods that are not suitable to be returned for reasons of hygiene or related to health protection and have been opened after delivery;
o the transportation costs related to the return of the Product will be borne by the Customer;
o the Return is under the complete responsibility of the Customer.

The right of withdrawal regulated by these GTC does not apply to goods packaged on measure or clearly personalized or that, by their nature, cannot be returned or risk deteriorating or altering rapidly, as well as Products intended for intimate personal use.

If the right of withdrawal has been correctly exercised, Benedetta 05 Srl will proceed to reimburse the Customer the entire amount already paid, including Delivery Costs, within 60 (sixty) calendar days from the actual return of the products.

The refunded amount will be net of the costs for the return of the Products, which will remain the responsibility of the Customer.

The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has agreed otherwise and provided that Benedetta 05 Srl does not have to bear any costs as a result of the refund.

However, the right of withdrawal does not apply in the cases indicated by Article 59 of Legislative Decree 205/2006, considered applicable for these general conditions of sale also towards non-consumer customers. Specifically, the right of withdrawal does not apply in the following cases:
o supply of tailor-made or clearly personalized goods;
o supply of goods that may deteriorate or expire quickly;
o supply of sealed goods that are not suitable to be returned for reasons of hygiene or related to health protection and have been opened after delivery.

 

10) WARRANTIES

a) Legal Warranty for the Consumer

The Consumer, as defined in Article 3 of the Consumer Code (hereinafter “Consumer Code,” Legislative Decree September 6, 2005, No. 206), has the right to avail themselves of the legal warranty provided by the Consumer Code itself in Articles 128 and following.

This Warranty includes, among other things, that the Consumer, under penalty of forfeiture, reports to Benedetta 05 Srl any lack of conformity found in the purchased product within 2 (two) months from the discovery (Article 132, Consumer Code).
• Returns for defects or faults in the goods that are believed to be attributable to the carrier will be accepted only if, at the time of their receipt, they have been withdrawn with the specific wording “goods accepted with reserve.”

Following such a report, the Consumer has the right to request the repair or replacement of the Product, subject to the other rights provided by law in favor of the Consumer.

The above legal warranty is valid for a maximum period of 2 (two) years from the delivery of the Product. Beyond this period, Benedetta 05 Srl will not be responsible for any conformity defects found by the consumer.

The legal warranty allows the Buyer, in case of product conformity defects, to obtain, by directly contacting the Seller, within a reasonable time considering the nature of the product, repair (if possible), replacement of the product, a reduction in price, or the resolution of the contract.

In any case, the use of the product not in accordance with its own nature and the instructions and/or warnings provided by the Seller and/or the Manufacturer of the Product is not covered by the warranty. The return of goods is allowed only for items that are in the same condition as received. For example, the goods must not be damaged, washed, or used, and the shipment must be made with all original packaging.

Any report of a conformity defect in the product must be submitted together with proof of the purchase of the product from the Seller (fiscal document issued by the Seller or payment receipt).

In the case of replacement or repair of the Product, the terms of the warranty for the replaced Product or resulting from the repair are the same as those of the original product. Therefore, the overall two-year duration of the legal warranty will in any case start from the delivery of the original product.

The rights arising from the legal conformity warranty can be exercised on the condition that the Products have been used correctly, with due diligence, and in compliance with the intended use and the indications provided, and upon presentation by the Customer of the delivery note received.

The legal conformity warranty applies only to defects not resulting from the normal use of the Product.
In any case, for the regulation of the legal warranty, reference is made to the provisions of the Consumer Code in Articles 128 and following.

1. b) Legal Warranty for Non-Consumer Customers

The non-consumer Customer, as defined in Article 3 of the Consumer Code, has the right to avail themselves of the Legal Warranty provided in the Civil Code.

This Warranty includes, among other things, that the non-consumer Customer, under penalty of forfeiture, reports to Benedetta 05 Srl any lack of conformity found in the purchased product within 8 (eight) days from the discovery.

The above Legal Warranty is valid for a maximum period of 12 (twelve) months from the delivery of the Product. Beyond this period, Benedetta 05 Srl will not be responsible for any conformity defects found by the non-consumer Customer.

The rights arising from the legal conformity warranty can be exercised on the condition that the Products have been used correctly, with due diligence, and in compliance with the intended use and the indications provided, and upon presentation by the Customer of the delivery note received.

11) LIABILITY FOR DAMAGE CAUSED BY DEFECTIVE PRODUCTS

The provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) apply regarding damage caused by defective products. The Seller, as a distributor of the products presented on the Site, releases itself from all liability, with no exceptions and/or exclusions, by indicating the name of the respective product manufacturer.

12) FORCE MAJEURE

The Seller will not be responsible for the total or partial non-fulfillment of the obligations under this contract if such non-fulfillment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, for example but not exhaustively, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strikes of public and/or private workers, strikes and/or restrictions on the courier and air link routes.

13) INTELLECTUAL PROPERTY

All figurative and non-figurative trademarks, registered, unregistered, and de facto, present on the Internet Site, images, illustrations, and logos, as well as any and all works of ingenuity, software code, audio and video clips, and other materials, any content, distinctive sign, or name, and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property, and any content present on the Site (including, without limitation, texts, General Terms and Conditions of Sale, privacy, etc.) are exclusively owned by Benedetta 05 Srl and/or the respective owners of intellectual property rights on them.
The reproduction in whole or in part, modification, or use of trademarks, illustrations, images, and logos, or any other content of the Site, for any reason and by any means, without the express written permission of Benedetta 05 Srl and/or the respective owners of intellectual property rights on them is strictly prohibited.

14) TRANSACTION SECURITY

The use of the Buyer’s username and/or registration/access password constitutes proof of the Buyer’s identity, which must keep them at their own risk and responsibility, for the purpose of Benedetta 05 Srl’s exercise, at the time of order confirmation, of the right to demand the related amounts. The computer records of Benedetta 05 Srl will constitute proof of communications, orders, and payments between the Parties. Benedetta 05 Srl and/or its business partners will not be in any way responsible for the improper use and/or disclosure to third parties of the Buyer’s registration/access information.

The provision of the credit card number and the final validation of the Order constitute proof of the acceptance of the Order and make the sums indicated for the purchase of the products indicated in the Order due and payable. The computer records, kept in the computer systems of Benedetta 05 Srl and its partners, will be considered proof of communications, orders, and payments between the Parties.

15) CAPACITY TO CONTRACT

The Buyer declares to have full legal capacity to act and enter into a purchase contract for products and/or services on the Internet Site based on these General Terms and Conditions of Sale. Benedetta 05 Srl will not, under any circumstances, be required to verify the capacity to act of visitors and Buyers on the Internet Site. In the event that a person without the necessary legal capacity places an order on the Internet Site of Benedetta 05 Srl, subject to the responsibility of the person who is legally responsible, for such order and the related payment, Benedetta 05 Srl, if aware, may refuse to accept the order.

16) PROCESSING OF PERSONAL DATA

Customer data is processed by Benedetta 05 Srl in accordance with the provisions of data protection legislation, as specified in the information provided in the specific section “Information pursuant to art. 13 of Legislative Decree 30/06/2003.”

17) COMMUNICATIONS

Any communication may be addressed to Benedetta 05 Srl exclusively using the contact channels listed in the “Contacts” section of the Site.

18) APPLICABLE LAW AND COMPETENT COURT

The sales contract between the Customer and Benedetta 05 Srl is deemed to be concluded in Italy and governed by Italian law.

The contract will be governed and interpreted in accordance with Italian laws.

The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this contract.

Any disputes related to the interpretation or execution of this contract will be exclusively and irrevocably resolved by the Court of Rome (Italy), without prejudice to the application of the provisions of Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005 (Consumer Code) in the case of purchases by Consumers.

For all that is not expressly provided for here, the provisions of the laws in force in the Italian legal system apply, and in particular, for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005 (Consumer Code).

Out-of-court resolution of disputes: the Buyer has the option of initiating out-of-court dispute resolution procedures relating to the consumer relationship with the bodies established by the chambers of commerce, industry, and agriculture in accordance with Law No. 580 of December 29, 1993, as well as resorting to mediation procedures pursuant to Legislative Decree No. 28/2010 and subsequent amendments, under the conditions provided by the body chosen by the Buyer that will administer such a procedure. The possibility of using the voluntary and parity negotiation procedures provided for in Article 2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures provided for in the service charters, is reserved.

19) ASSIGNMENT

The Buyer may not assign or otherwise transfer any of its rights and obligations arising from this contract to third parties in whole and/or in part without the prior written consent of the other party.

20) LIMITATION OF LIABILITY

The Site is provided “as is” and when available.
Benedetta 05 S.R.L.:

– does not provide any warranties, either express or implied, regarding the operation of this Site and/or the contents, materials, information, or products included on the Site. Also, access to the Site may occasionally be suspended or temporarily limited.

– does not guarantee that this Site, its servers, or the emails sent are free from viruses or other potentially harmful components for the customer’s devices. By visiting this Site, the Customer agrees that its use is at their own risk and peril, and Benedetta 05 S.R.L. assumes no responsibility for the content.

– cannot be held responsible for any damages – of any kind – arising from the use of this Site.

21) VALIDITY OF CLAUSES

The headings of the clauses used here are purely indicative and have no effect regarding the identification of the content and the interpretation of this contract.

These conditions do not affect the rights attributed by Italian law to the Buyer acting as a Consumer or the rights guaranteed by the mandatory provisions of the legal system to which it is subject.

In the event that a clause or part of a clause of these general conditions is deemed invalid because it contradicts or is contrary to a legal norm, all the other clauses of this agreement or parts of the same clause will remain fully valid and effective.

22) CONCLUDING PROVISIONS

This contract replaces all previously concluded contracts, agreements, and understandings between the Parties and, together with the order, the order confirmation, and the general conditions related to the use of the Site, constitutes the entire agreement between the Parties regarding the subject matter of this contract.

The Buyer declares not to have been induced to adhere to this contract by previous oral statements.

The fact that one of the Parties does not enforce against the other a violation of any of the obligations contained in these GTC will not be construed as a waiver of obtaining the performance of the obligation in question for the future.