General Terms and Conditions

These general terms and conditions (the “General Terms and Conditions”) regulate the offer and sale of products through the website vitesy.com (the “Website”) to Consumer Customers (as defined below).

The products – which may be supplemented, at the sole discretion of the Consumer Customer, by downloading the free app "Vitesy HUB," owned by the Company (as defined below), available on the App Store and Google Play (the "App") – as well as original accessories and spare parts sold on the Site (collectively, the "Products") are offered and sold by Laboratori Fabrici S.r.l., with registered office in Piazzetta Ado Furlan n. 4, Pordenone (PN), Tax ID and VAT number 01786900934, R.E.A. PN-104531 (the "Company").

On the Website, the Company offers for sale original products, accessories, and spare parts under the "Vitesy" brand. The Company is the owner of the Website and the owner of the Vitesy brand.

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Scope of application of the General Terms and Conditions
Purchases on the Website
Product Availability and Back-Order Purchases
Product Information
Prices
Purchase orders
Payment Methods
Product Delivery
Right of withdrawal
Applicable warranties
Communications, assistance, and complaints
Force majeure
Personal Data Processing
Applicable law, jurisdiction and out-of-court dispute resolution
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Scope of application of the General Terms and Conditions

1.1. The offer and sale of Products on the Website are governed by these General Terms and Conditions, Legislative Decree No. 206 of September 6, 2005 (the "Consumer Code") and Legislative Decree No. 70 of April 9, 2003, containing regulations on electronic commerce.

1.2. These General Terms and Conditions apply to contracts concluded between Consumer Customers (as defined below) and the Company for the sale of Products through the Website and are made available to the user on the home page of the Website by clicking on "Terms and Conditions."

1.3. The Company reserves the right to modify these General Terms and Conditions at any time. Any modifications and/or new conditions will be effective from the moment they are published on the Website. Users are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Terms and Conditions before making any purchase, it being understood that the applicable General Terms and Conditions are those in force on the date of submission of the purchase order.

1.4. The Company is not responsible for the provision of services and/or the sale of products by parties other than the Company itself, which are present on the Site through links, banners, or other hypertext links. The Company does not carry out any control and/or monitoring of the websites accessible through these links and, therefore, is not responsible for the content of these websites or for any errors and/or omissions and/or violations of the law by the same.

1.5. The user will be asked to confirm acceptance of these General Terms and Conditions before placing an order for the Products. Failure to accept these General Terms and Conditions will not allow the user to order Products from the Site. Therefore, the placing of an Order (as defined below) by each Customer shall be considered an irrevocable acceptance of these General Terms and Conditions by the Customer.

1.6. The Company reserves the right to modify these General Terms and Conditions. It is therefore advisable to read these General Terms and Conditions carefully on the Site whenever the customer intends to purchase Products from the Site.

1.7. These General Terms and Conditions do not affect the validity and effectiveness of the provisions of law in force for the protection of consumers (Consumer Code), including the provisions of Title III, Chapter I, relating to distance contracts concluded with consumers, where applicable. In any case, the law of the consumer's country shall apply if more favorable and mandatory.

1.8. These General Terms and Conditions are written in Italian and English.

Purchases on the Website and information leading to the conclusion of the contract

2.1. The user places an order by filling out an order form (the "Order Form") in electronic format and sending it to the Company electronically, following the instructions that will appear on the Website from time to time (the "Order"). Before approving the Order, the Customer shall be required to check the summary of the Order and the delivery information and may identify and correct any errors in the data entered by following the instructions on the Website. The Order constitutes a binding and irrevocable offer by the Customer to purchase the Products detailed therein (the "Products Ordered"). The Order Form will be stored in the Company's database for the time necessary for its execution and, in any case, in accordance with the law.

2.2. The Customer may purchase multiple Products with a single order (the "Multiple Order").

2.3. Without prejudice to the provisions of the following paragraphs, once payment has been made, the Order may no longer be modified or canceled by the Customer.

2.4. After placing an Order, the Customer will receive an email from the Company confirming receipt of the Order. This automatic order confirmation is only a confirmation of receipt of the Order and does not imply acceptance of the same (the "Summary Email"), unless this communication also contains an express acceptance of the order and the references referred to in the following paragraph.

2.5. The contract for the purchase of one or more Products on the Site (the "Contract") shall be deemed concluded only when the Customer receives confirmation of acceptance by the Company via email, with a communication containing the information indicated in the following paragraph.

2.6. The Company expressly reserves the right to evaluate Orders received from the Customer and to confirm or not the Order received. The languages available to Customers for the conclusion of the Contract are Italian and English.

2.7. If the Product ordered is available and the Company decides to accept the Order received from the Customer, the Company will send written confirmation of its acceptance to the email address indicated in the Order Form (the "Order Acceptance"). The Order Acceptance will indicate to the Customer the identification number assigned by the Company to the Order, the Product(s) purchased, the total amount paid by the Customer, the payment method used, the delivery address, and the estimated delivery time by the Company, as well as the General Terms and Conditions in force at the time the Order was placed.

2.8. If the Company decides not to accept an Order, this decision will be communicated to the email address indicated in the Order Form. The Company will refund all amounts already paid by the Customer in relation to the Order that has not been accepted. By way of example and without limitation, the Company reserves the right not to accept the Order in the following cases:

i) the Product ordered is temporarily unavailable, without prejudice to the provisions relating to Back Order Products (as defined below);

ii) irregularities, lack of liquidity or other impediments to the debiting of the amount by the Company reported by the bank, the companies issuing the payment instruments or by another operator used by the Customer to make the payment;

iii) Orders that are anomalous in relation to the quantity of Products purchased or the frequency of purchases made;

iv) Orders originating from a user with whom it has an ongoing legal dispute;

v) Orders originating from a user who has previously violated the terms and/or conditions of the purchase contract with the Company;

vi) Orders from a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments;

vii) Orders from a user who has provided false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Company the information and/or documents requested by the Company as part of the procedure referred to in paragraph 7.6 below or who has sent invalid documents.

2.9. The purchase of Products on the Site is permitted only:

i) a persons who are at least 18 (eighteen) years of age at the time of placing an Order and who are consumers within the meaning of the Consumer Code, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out (hereinafter the "Consumer Customer" or the "Customer" and, collectively, the "Customers");

ii) to persons acting in their capacity as professionals, meaning natural or legal persons acting in the exercise of their entrepreneurial, commercial, craft or professional activities, or through intermediaries; in the event of an Order placed by such types of customers, the provisions of these General Terms and Conditions shall not apply.

Availability of Products and Purchase of Back-Order Products

3.1. Product availability refers to actual availability at the time the Customer sends their Order to the Company and is continuously monitored and updated.

3.2. However, this availability must in any case be considered purely indicative as:

i) the Website may be visited by several users at the same time and it may happen that several users purchase the same Product at the same time;

ii) Products may be sold to other Customers before the Order Acceptance is received;

iii) a computer malfunction may occur that makes a Product available for purchase when it is not actually available.

3.3. If the Product is unavailable for the reasons indicated in paragraph 3.2 above, or in other cases of unavailability of the Product, without prejudice to the other rights granted to the Customer by law, the Company will notify the Customer in writing at the email address provided by the Customer on the Website. In the event of partial/total unavailability of the Product(s) ordered, the Company shall not be held liable for any damage or prejudice suffered by the Customer due to the immediate unavailability of the Product(s).

3.4. In the event that the Products are not available for the reasons indicated in the previous paragraphs and delivery does not take place within the terms agreed in the Contract or, in the absence of such agreement, within the terms of the law, the Consumer Customer is entitled to immediately terminate the Contract, pursuant to and for the purposes of the provisions of Article 61, paragraph V, of the Consumer Code. Alternatively, if the Product can be restocked, the Consumer Customer may accept a delay in delivery, with the Company indicating the new delivery date for the restocked Product. If the Consumer Customer exercises the right of termination pursuant to Article 61, paragraph V, of the Consumer Code, and payment of the Total Amount Due (as defined below) has already been made, the Company shall refund the Total Amount Due already paid without undue delay and, in any case, within 15 calendar days of the Consumer Customer exercising their right of withdrawal. The refund amount will be communicated to the Customer by email and credited to the same payment method used by the Customer for the purchase. In the case of payment by bank transfer, the refund will be made by bank transfer. The Company will ask the Customer for the bank details necessary to make the refund. Any delays in crediting the refund may depend on the bank, the type of credit card, or the payment solution used. In any case, the value date of the refunded amount will be the same as the debit date.

3.5. The above paragraphs shall also apply in the case of Multiple Orders if all or some of the Products covered by the Multiple Order are unavailable. In the latter case, they shall apply exclusively to the unavailable Products.

3.6. Without prejudice to the provisions of the other articles of these General Terms and Conditions relating to unavailable Products, the Company reserves the right to offer the Customer the option of purchasing Products which, although not available on the date of inclusion in the catalog (because, for example, they are being restocked), can still be selected by the Customer for purchase (the "Back-Order Products").

3.7. Such Back-Order Products will be expressly identified by the words "Back Order" or "Pre-sale" and the estimated date on which such products will become available again will also be indicated. Unless there are events of force majeure and/or different indications in the Back Order Product sheet on the Website, the Products will be delivered within 7/10 working days from the date on which they become available again.

3.8. The Customer acknowledges and accepts that, if they decide to order a Back-Ordered Product:

i) the relevant purchase price will still be charged at the time the Order is placed, despite the temporary unavailability of that Product, for the purposes of its shipment;

ii) as an express exception to the provisions of the law, the delivery date may be more than 30 days from the date of conclusion of the Contract.

Product Information

4.1. The Products offered on the Website are products sold by Laboratori Fabrici S.r.l., under the brand name "Vitesy." Each Product is delivered to the Customer in its original packaging, containing the relevant user manual (or assembly instructions for accessories and spare parts) and any additional documentation.

4.2. The Products and their essential characteristics are described on the Website so that each Customer can be informed before placing an Order. Each Product is accompanied by an information sheet illustrating its main characteristics (the "Product Sheet").

4.3. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual colors due to the settings of the computer systems or computers used by users to view them. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images should therefore be considered indicative and subject to normal tolerances.

4.4. The Company reserves the right to modify the technical characteristics of the Products without prior notice, in compliance with applicable laws. For the purposes of the Contract, the description of the Product contained in the Order Form submitted by the Customer shall prevail.

4.5. Once the Customer has purchased the Products named "Eteria," "Natede Smart," or "Shelfy," they may decide, at their sole discretion, whether to download the App from one of the platforms indicated on the Website in order to register the Products purchased and access exclusive content such as, by way of example and without limitation, the ability to control the Product remotely, data on air monitoring (in the case of Products named "Eteria" and "Natede Smart") or on the status of the refrigerator (in the case of the Product named "Shelfy"). Furthermore, once registered in the App, the Customer may upload documents certifying the purchase and delivery of the Products (such as, by way of example, the purchase invoice and the transport document) for the purposes of the provisions of Article 10 below ("Guarantees applicable to the Consumer Customer"). If the Customer, upon purchasing one or more Products, decides not to download the App, the purification functions of the Products themselves will not be limited in any way with respect to what is indicated on the Website and in the Product Sheet. However, downloading the App is necessary for remote monitoring and control functions.

Prices

5.1. All prices of the Products published on the Website are expressed in US dollars and are inclusive of Value Added Tax (VAT) and any other tax, duty or charge required by law, including, where applicable, the WEEE eco-contribution (the "Price").

5.2. Unless otherwise specified, the prices of the Products do not include Shipping Costs, which are indicated separately on the Site and in the Order Acceptance.

5.3. The Company reserves the right to change the Price of the Products at any time without notice, it being understood that the price charged to the Customer will be that indicated on the Website at the time the Order is placed and that any changes (increases or decreases) subsequent to the transmission of the Order will not be taken into account.

5.4. If a Product is offered on the Website at a discounted Price, the Product Description will indicate the full reference price on which the discount is calculated.

5.5. The Customer is required to pay the total amount - consisting of the Product Price indicated on the Website on the page relating to the Product, delivery costs, if applicable, and any other additional costs, as indicated in the Order (the "Total Amount Due") - at the time of placing the Order and in accordance with the methods indicated on the Website.

Purchase

6.1. The Products shall remain the property of the Company until the Customer receives the Order Acceptance or, if later, until the user has paid the Total Amount Due.

6.2. In the event that the Contract has been concluded and the successful payment of the Total Amount Due has not been confirmed, Vitesy shall have the right to terminate the Contract by operation of law, pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The Customer shall be notified by email of the termination of the Contract and the consequent cancellation of the Order.

6.3. The Company will ship the Products only after receiving confirmation of successful payment of the Total Amount Due by the Customer. The risk of loss or damage to the Products for reasons not attributable to the Company shall, however, be transferred to the Customer when the latter, or a third party designated by the Customer and other than the carrier, takes physical possession of the Products. If the carrier has been chosen by the Customer, the risk shall be transferred to the Customer upon delivery of the goods to the carrier.

Methods of Payment

7.1. Payment for Products purchased on the Website may be made:

i) by credit card;

ii) by prepaid card;

iii) by bank transfer;

iv) by payment solutions managed by Stripe, PayPal, Klarna.

7.2. If one or more of the payment methods listed in paragraph 7.1 above cannot be used, possibly in relation to a specific Product, this will be clearly indicated on the Website at the beginning of the purchase procedure or, at the latest, before the user completes the purchase and submits the Order. In any case, payment methods that are not available cannot be selected by the user during the purchase process.

7.3. In the case of payment by bank transfer, where the Company has in any case sent the Order Acceptance and therefore the Contract has been concluded, the delivery times for the Product shall start from the date of receipt of the transfer by the Company. To facilitate the connection between the payment received by bank transfer and the Order, the user is asked to indicate in the reason for the bank transfer: the Order number; the date of transmission of the Order; the first and last name of the person placing the Order, if different from those of the account holder from which the transfer originates. The Customer is advised to promptly send the Company, by email, the receipt of the bank transfer. If, in this case, the Company decides to exercise its right to terminate the Contract, in accordance with paragraph 6.2 above, the refund will be made by bank transfer and the Company will ask the Customer for the bank details necessary to make the transfer.

7.4. In the case of payment via PayPal, the user will be redirected to the website www.paypal.com where they will pay for the Products in accordance with the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Company. The Company is therefore unable to know and does not store in any way the credit card details linked to the user's PayPal account or the details of any other payment instrument connected to that account. If this payment method is used, in the event of termination of the Contract and in any other case of refund, for any reason whatsoever, the amount of the refund due to the user will be credited to the user's PayPal account. The time taken for the credit to appear on the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once the credit order has been made to that account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount to the user, which must be addressed directly to PayPal.

7.5. In the case of payment via Quick Checkout, the user will be redirected to the website relating to the chosen payment method, where they will pay for the Products in accordance with the procedure provided and the terms and conditions of the Contract agreed. The data entered on the respective website will be processed directly by that website and will not be transmitted or shared with the Company. The Company is therefore unable to know and does not store in any way the credit card details linked to the user's account or the details of any other payment instrument connected to that account. If the user chooses this payment method, the Total Amount Due will be charged to the account selected by the user. Unless otherwise provided and/or agreed with the user, in the event of termination of the Contract and in any other case of refund, for any reason whatsoever, the amount of the refund due to the user will be credited to the user's payment account. The time taken for the credit to appear depends exclusively on the company providing the service and/or the banking system. Once the credit order has been issued, therefore, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, which the user must address directly to the company providing the service.

7.6. In order to ensure the security of payments made on the Site and to prevent fraud, the Company reserves the right to ask the Customer, by email, to send, by the same means, a front and back copy of their valid identity card and, if the person placing the Order is not the holder of the credit card or PayPal account, a copy of the latter's identity card; the Company may also request, as an alternative or in addition to the above, the authorization code relating to the transaction referred to in the Order placed by the Customer. The email request will specify the deadline by which the document must be received by the Company. This deadline shall not, in any case, exceed 5 working days from receipt of the request by the Customer. Pending receipt of the requested information and/or document, the Order will be suspended. The Customer is required to send the requested information and/or documents within the specified time limit. If the Company does not receive such information and/or documents within the time limit specified in the request email or receives incorrect or incomplete information and/or expired or invalid documents, the Company shall be entitled to terminate the Contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code and, consequently, to cancel the Order, without prejudice to the Company's right to compensation for any damage it may incur as a result of the Customer's non-compliant behaviour. The termination of the Contract, of which the Customer will be notified by email, will result in the refund of any Total Amount Due already paid by the Customer, using the refund methods provided for in Article 3, as far as compatible. If the Company receives valid information and/or documentation within the specified time limit, the delivery terms applicable to the Product will start from the date of receipt of the same.

7.7. In any case, the commercial invoice will be issued at the time of shipment and will be sent by email to the user at the address they have registered.

Delivery of Products

8.1. The Ordered Product will be delivered by specialized carriers to the delivery address indicated in the Order Form, at any location among those listed on the Website as possible destinations, within the delivery time estimated in the Order Acceptance. Without prejudice to the rights of the Consumer Customer recognized by the Consumer Code, the delivery dates provided are indicative and not binding.

8.2. Shipping costs for the Products, which may vary depending on the shipping method chosen by the Customer, shall be borne by the Customer, unless expressly stated otherwise. Their amount, if due, will be expressly and separately indicated (in US dollars and including VAT) in the Order summary and, in any case, before the user proceeds with the transmission of the same, and will be summarized in the subsequent Order Acceptance (the "Shipping Costs").

8.3. If it is necessary to refund the Shipping Costs in the event of withdrawal as referred to in Article 9 below, the Company will refund the cost of such expenses only if the Customer intends to withdraw from the Order or from the entire Multiple Order (i.e., the withdrawal concerns all Products), in which case the Shipping Costs will be refunded in full. Otherwise, no refund will be made, considering that the Shipping Costs incurred by the Customer (which the Company always calculates as a fixed amount, regardless of the number of Products Ordered) are attributable to the delivery of the other Products, other than those for which the Customer has exercised the right of withdrawal, which are part of the Multiple Order.

8.4. The delivery terms are those estimated in the Order Acceptance and shall commence upon receipt of the Order Acceptance, except as provided in paragraph 7.3 above. If no delivery time is specified, delivery will take place within an estimated period of 30 (thirty) days from the date of conclusion of the Contract or, if later, from the date of receipt of the Total Amount Due. Delivery times are calculated considering only working days and therefore excluding Saturdays, Sundays, and public holidays.

8.5. At the time of shipment, i.e., delivery of the Products to the carrier, an email confirming shipment will be sent to the Customer (by Vitesy or directly by the carrier), containing a link that will allow the Customer to track the progress of the shipment. If the selected courier offers this option, the Customer will be able to customize the delivery date, time, and address at no additional cost. In this case, the Customer can make the selection directly from the page dedicated to shipment tracking or by following the instructions provided in the communication received from the courier.

8.6. Deliveries will be made by couriers selected by the Company and indicated, from time to time, in the Order Acceptance; they will take place, in any case, from Monday to Friday during normal office hours, excluding national holidays. The Company reserves the right to use other carriers and/or different delivery methods. In this case, the change will be indicated in the Order Acceptance or in another dedicated communication.

8.7. The delivery obligation is fulfilled by transferring the physical availability or control of the Products to the Customer or to any third party designated by the Customer for this purpose, other than the carrier.

8.8. It is the Customer's responsibility to check the condition of the Products delivered to them. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to the Company, is transferred to the Customer when the Customer, or a third party designated by the Customer and other than the carrier, takes physical possession of the Products. The Customer is advised to check the integrity of the packaging and the number of Products received and, where possible, to indicate any anomalies on the carrier's transport document. If the packaging shows obvious signs of tampering or alteration, the Customer is advised to notify the Company immediately. The application of the rules on the right of withdrawal and legal guarantee of conformity remains unchanged for Consumer Customers.

8.9. The Customer acknowledges that the collection of the delivered Product is a specific obligation under the Contract. In the event of non-delivery due to the absence of the recipient at the address specified in the Order Form, the courier will leave a delivery notice in the mailbox containing the number to contact them. The courier will then make a second delivery attempt. After two unsuccessful delivery attempts, the package will be placed "in storage." If, at the end of the storage period, the Product is returned to the Company, any return costs and any other costs incurred by the Company due to non-delivery, due to the absence of the recipient, will be charged to the Customer. If the Customer requests to receive the undelivered Product again, the Company will proceed with the new delivery after charging, in addition to the Shipping Costs, the costs of returning the Product to the Company and the storage costs.

8.10. If the purchased Product is not delivered within the delivery terms indicated in the Order Acceptance or in these General Conditions, without prejudice to the right of the Consumer Customer to avail themselves at any time of the remedies provided for by law, the Company undertakes to promptly notify the Consumer Customer by email of the delay in delivery (the "Delay Notice Email"), indicating at the same time the new estimated delivery date, if available (the "New Delivery Date").

8.11. The Customer shall promptly notify the Company of their acceptance of the New Delivery Date by sending an email to the address indicated in Article 11 below.

Right of Withdrawal

9.1. The Consumer Customer has the right to withdraw from the Product Purchase Agreement without providing any reason within fourteen calendar days (the "Withdrawal Period").

9.2. The Withdrawal Period expires after 14 days:

i) in the case of an order for a single Product, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the Products;

ii) in the case of a Multiple Order with separate deliveries, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last Product.

9.3. To exercise the right of withdrawal, the Consumer Customer must inform the Company, before the expiry of the Withdrawal Period, of his decision to withdraw. In order to exercise his right of withdrawal, the Consumer Customer shall be responsible for:

i) send the Company, before the expiry of the Withdrawal Period, by registered letter with return receipt or certified email to the following addresses: Laboratori Fabrici S.r.l., Piazzetta Ado Furlan n.4, 33170 Pordenone; Certified email: laboratorifabrici@legalmail.it (the "Withdrawal Notice"):

a) the standard withdrawal form attached hereto (the "Withdrawal Form"); or

b) any other explicit statement of your decision to withdraw from the contract, indicating the order number, the Product(s) for which you intend to exercise the right of withdrawal (indicating the serial number on the Products themselves) and your address.

ii) verify that the Product has been stored with normal diligence and is intact, in normal condition, perfectly suitable for its intended use and free from signs of wear or dirt, complete in all its parts, in its original packaging and accompanied by all accessories, user manuals and instruction sheets, with identification tags, labels and single-use seals, if present, still attached to the Product and intact and unaltered;

iii) return the Product(s) by sending it/them back to the Company (with the original packaging, user manual, transport document and any additional documentation), without undue delay and in any case no later than 14 calendar days from the date on which the Consumer Customer sent the Notice of Withdrawal (the deadline is met if the Consumer returns the goods before the expiry of the fourteen-day period, taking care to keep the relevant delivery receipt issued by the shipping office for proof purposes) (the "Return Deadline").

9.4. The Product is considered returned when it is delivered, within the Return Deadline, to the courier chosen by the Consumer Customer. For the return, the Consumer Customer must follow the procedure indicated in the following paragraphs.

9.5. Within the Return Deadline, the Consumer Customer must return the Product by courier of their choice, properly protected and packaged and under their own responsibility, using a carrier of their choice and at their own expense, including any customs costs, to the address indicated in Article 11 below.

9.6. Once the above formalities have been successfully completed, the Company will refund the Total Amount Due already paid by the Consumer Customer within 14 (fourteen) days from the day on which it received the Notice of Withdrawal from the Consumer Customer (the "Refund"). The amount will be refunded using the same means of payment used by the Consumer to pay for the Order, unless the Consumer Customer expressly requests otherwise and provided that the Company does not incur any costs as a result of the refund; the Company is not required to refund any additional costs if the Consumer Customer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Company.

9.7. The Company reserves the right to withhold the Refund until it has received and verified the returned Product(s).

9.8. The Consumer Customer is solely responsible for any reduction in the value of the goods resulting from handling the Product in a manner other than that necessary to establish the nature, characteristics, and functioning of the Product. The Product must in any case be stored and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and instruction sheets, with the identification tags and labels, if any, still attached to the Product and intact and unaltered, as well as perfectly suitable for their intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

9.9. If the withdrawal has not been exercised in accordance with the applicable legislation, or in accordance with the procedures described in this article and, in particular, if the Product(s)Product(s) is not complete in all its parts and/or accompanied by its accessories and/or elements that form an integral part of it and/or is missing the original packaging, when this is part of the Product(s), or when it is damaged or used by the Consumer Customer beyond the limits of normal diligence, it will not result in the termination of the Contract and, consequently, will not give the right to a Refund. The Company shall notify the Consumer Customer within 5 working days of receipt of the Product, rejecting the request for withdrawal. If the Product has already been received by the Company, it will remain at the Company's premises or at a warehouse designated by the Company, available for collection by the Consumer Customer, which must take place within a maximum period of 3 months from the above notification, at the expense and under the responsibility of the Consumer Customer.

9.10. It is understood that if the Consumer Customer does not collect the Product within the aforementioned period of 3 months, it shall be deemed that the Customer has waived the right to return the Product and to make any complaint or claim in relation to the assessment of conformity of the Product expressed by the Company, in which case the Company shall be entitled to use the Product for any other purpose or aim.

Applicable Warranties for the Consumer

10.1. All Products sold on the Site are covered by the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code (the "Legal Consumer Guarantee").

10.2. The Consumer Legal Guarantee is reserved for Consumer Customers. It therefore applies only to Customers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity they may carry out.

10.3. The Company (and, therefore, with regard to purchases made on the Website) is liable to the Consumer Customer for any lack of conformity - including any lack of conformity relating to interconnection with the digital service - existing at the time of delivery of the Product and which becomes apparent within two years of such delivery.

10.4. Unless proven otherwise, it is assumed that any lack of conformity that becomes apparent within one year of delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity.

10.5. In order to benefit from the Consumer Legal Guarantee, the Consumer Customer must first provide proof of the date of purchase and delivery of the Product. It is therefore advisable that the Consumer Customer, for the purposes of such proof, keep the purchase invoice sent to them by the Company, as well as the delivery note or any other document that can certify the date of purchase (e.g., credit card statement or bank statement) and the date of delivery.

10.6. For the purposes of the Consumer Legal Guarantee, a lack of conformity exists when the Product purchased does not meet the subjective and objective requirements, where applicable, listed in Article 129 of the Consumer Code.

10.7. The Consumer Legal Guarantee does not cover any faults or malfunctions caused by accidental events, not falling within the scope of Article 129 of the Italian Civil Code, or by the Consumer Customer's responsibility or by use of the Product not in accordance with its intended use and/or the technical documentation accompanying the Product.

10.8. In the event of a lack of conformity duly reported within the terms, the Consumer Customer is entitled to:

i) primarily, to have the Product repaired or replaced free of charge, at his choice, unless the remedy requested is objectively impossible or excessively burdensome compared to the other, imposing disproportionate costs on the seller, taking into account all the circumstances and, in particular, those indicated in Article 135-bis, paragraph 2, of the Consumer Code;

ii) secondarily (i.e. if the Company has not repaired or replaced the Product or has not repaired or replaced it, where possible, in accordance with Article 135-ter, paragraphs 1, 2 and 3, or has refused to bring the Product into conformity for the reasons set out in Article 135-bis, paragraph 3, of the Consumer Code; or a lack of conformity has become apparent despite the Company's attempt to restore the Product to conformity; or the lack of conformity is so serious as to justify an immediate reduction in the price or termination of the sales contract; or the Company has declared or it is clear from the circumstances that it will not restore the conformity of the goods within a reasonable period or without significant inconvenience to the Consumer Customer, or that repair or replacement is impossible or excessively burdensome) to a reduction in the price or, unless the lack of conformity is minor, termination of the Contract pursuant to Article 135 quater of the Consumer Code, at its discretion.

10.9. If a Product purchased on the Website, during the period of validity of the Consumer Legal Guarantee, shows what could be a lack of conformity as per paragraph 10.6 above, the Consumer Customer may contact the Company at the contact details indicated in Article 11 below. The Company will respond promptly to the communication, indicating to the Consumer Customer what steps they should take next.

10.10. The Product for which the Consumer Customer claims a lack of conformity must be sent to the Company, which will verify the existence or otherwise of the defect claimed, at the address indicated in Article 11 below.

10.11. To return the Product for which the Consumer Customer complains of a lack of conformity, the Company shall make available to the Consumer Customer, at the latter's discretion and without prejudice to the right to follow the return procedure with a carrier of the Consumer Customer's choice, the prepaid return procedure by courier identified by the Company.

10.12. The Company reserves the right to ask the Consumer Customer, if not already included in the product registration form, in the event that the Consumer Customer has registered the Products purchased, to attach to their request the purchase invoice and/or the delivery note or other document proving the date of purchase and the date of delivery.

10.13. The Customer acknowledges that the Product is partly made up of electrical devices. Therefore, without prejudice to the Company's obligations to provide the Consumer Customer with the necessary information and instructions, the Company cannot be held liable if the defect is in any way related to one of the following cases:

i) normal wear and tear;

ii) improper installation;

iii) negligence or failure to provide necessary repairs or assistance;

iv) prolonged machine downtime;

v) improper use of the Product. It is understood that improper use of the Product includes any action/omission or behavior undertaken by the Consumer Customer and/or any third party in violation of the Product user manual, the Product technical documents, the Company's recommendations and communications, the Product description contained on the Website, common sense (such as, but not limited to: immersing and/or exposing the vase directly/indirectly to any fluid even when the product is turned off, leaving the Product turned on during storms or other electromagnetic phenomena, etc...)

vi) modifications, repairs, or attempts at reverse engineering of the Product undertaken by the Consumer Customer or third parties without the written consent of the Company or, in the case of installation of accessories or spare parts, carried out in a manner that does not comply with the instructions provided by the Company and/or with non-original accessories or spare parts and/or by unauthorized third parties, if the lack of conformity derives from such non-original elements or is attributable to or in any way dependent on the intervention carried out by unauthorized third parties;

vii) impact, intentional/unintentional collision with any other object;

viii) intentional or unintentional acts of vandalism, war or acts of terrorism;

ix) intentional or unintentional exposure to extreme environmental conditions (heat, cold, humidity, dryness) or natural disasters (hurricanes, tornadoes, excessive winds, etc.).

10.14. The Consumer Customer acknowledges that the Company, except in cases of wilful misconduct or gross negligence, cannot be held liable for death, injury and/or damage of any kind caused, in the circumstances mentioned above, to the Consumer Customer, his/her family members or any other third party who comes into contact with the Product. Therefore, the Consumer Customer waives any right to any type of compensation for the above damages.

10.15. Without prejudice to the information obligations set out in paragraph 10.13, the Consumer Customer acknowledges and agrees that the Company does not provide any guarantee as to the full and permanent compatibility between the Products (and, if the Customer has downloaded the App) and smartphone operating systems or the most advanced connectivity standards, such that the Company cannot be held liable in any way towards the Consumer Customer for the failure and/or incorrect functioning of the Product for the aforementioned reasons, except in cases of wilful misconduct or gross negligence.

10.16. Taking into account the characteristics of the Product, as described in the Product Sheet, the Consumer Customer acknowledges and agrees that the Company does not provide any warranty regarding the correct functioning of any other device and/or home automation system that the Consumer Customer intends to regulate and/or connect to the Product or the accuracy of its measurements, and therefore the Company cannot be held liable for the aforementioned malfunction, except in cases of wilful misconduct or gross negligence.

10.17. The Consumer Customer acknowledges that any expenses that may be necessary in the cases referred to in paragraphs 10.15 and 10.16 above, including, but not limited to, modifications, maintenance, or new installations, shall not be borne by the Company in any way.

10.18. In addition to the Consumer Legal Guarantee, the Consumer Customer has the right to purchase, at their sole discretion, an additional commercial guarantee for a period of 1 year from the end of the Consumer Legal Guarantee (the "Optional Guarantee").

10.19. The Optional Warranty can only be purchased in relation to "Shelfy" products (models SHL0 and SHL2) and "Shelfy Lite" products.

10.20. Unless otherwise specified, the Optional Warranty is subject to the same terms and conditions as the Consumer Legal Warranty, and its purchase does not affect the rights granted to the Consumer Customer by applicable law, in particular with regard to the Consumer Legal Warranty, which is granted to the Customer regardless of whether the Optional Warranty is purchased.

10.21. The Consumer Customer may decide to purchase the Optional Warranty either at the time of completing the Order or at a later stage by registering the Products purchased (provided they fall within the categories indicated in paragraph 10.19 above) via the App.

10.22. Once the Optional Guarantee has been purchased, the Consumer Customer has the right to renew it, before its expiry date, up to a maximum of 2 times. Any renewals of the Optional Guarantee shall always be for periods of 12 months, starting from the expiry date of the previous guarantee.

10.23. Both the Consumer Legal Guarantee and the Optional Guarantee are uniquely associated with the individual Product purchased, identified by its serial number, and therefore cannot be transferred to other devices, even if they are of the same model (except for any replacements of Products under warranty). Any requests for assistance or warranty service will only be accepted if they refer to the device for which the warranty has been registered or activated, and after verification of the serial number.

Communications, assistance, and complaints

11.1. Unless otherwise specified, all communications between the Customer and the Company – including those relating to requests for assistance and any complaints – must be made exclusively:

i) by completing and sending the contact request form available in the "Contact Us" section of the Website;

ii) by sending an email to the following certified email address: laboratorifabrici@legalmail.it;

iii) by sending a registered letter to: Laboratori Fabrici S.r.l, Piazzetta Ado Furlan n.4, 33170 Pordenone (PN), Italy.

Force majeure

12.1. The Company shall not be held liable for any failure or delay in the performance of its obligations hereunder, where such failure is due, even in part, to circumstances beyond the reasonable and foreseeable control of the Company (hereinafter "Force Majeure Events").

12.2. Force majeure events include, by way of example and without limitation, the following circumstances:

i) strikes, lockouts, and other industrial disputes;

ii) civil unrest and insurrection, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (whether declared or not) or threats or preparations for conflicts;

iii) fires, explosions, storms, floods, earthquakes, or other natural disasters;

iv) pandemics or epidemics;

v) inability to use public or private means of telecommunication.

Processing of personal data

13.1. Customer data is processed by the Company in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the "Privacy Policy" section of the Website.

Applicable law, jurisdiction, and out-of-court settlement of disputes

14.1. These General Terms and Conditions and, therefore, the Contracts entered into with Customers, are governed by and must be interpreted in accordance with Italian law.

14.2. Customers who do not have their habitual residence in Italy are entitled to the application of any more favorable and mandatory provisions of the law of the country in which they have their habitual residence, in particular with regard to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating this, and the legal guarantee of conformity.

14.3. Any dispute arising between the Company and the Consumer Customer in relation to the purchase of the Products shall be referred to the exclusive jurisdiction of the court of the place of residence or domicile of the Consumer Customer.

14.4. Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Company informs the Consumer Customer that, if they have submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute that has arisen, the Company will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions (so-called ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute.

14.5. The Company also informs the Consumer Customer that a European platform for online dispute resolution for consumer disputes (the ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/. Through the ODR platform, the Consumer Customer can consult the list of ADR bodies, find links to each of their websites and initiate an online dispute resolution procedure for the dispute in which they are involved. In any case, the Consumer Customer retains the right to bring the dispute arising from these General Terms and Conditions before the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where applicable, of seeking out-of-court settlement of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

14.6. For any cross-border dispute relating to the application, execution, and interpretation of these General Terms and Conditions, the Customer who is habitually resident or domiciled in a Member State of the European Union other than Italy may bring the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of July 11, 2007, before the competent court, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, €5,000.00 on the date on which the competent court receives the application form. The text of the Regulation is available at https://eur-lex.europa.eu/eli/reg/2007/861/oj.

Last updated: August 6, 2025