TERMS AND CONDITIONS OF SALE

General Conditions of Sale

The offer and sale of products on the website www.mycosmocare.com are governed by these General Conditions of Sale. The Buyer is required, before forwarding his purchase order, to carefully read these general conditions of sale. Forwarding the purchase order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and the privacy policy.

1. Object

1.1 These General Conditions of Sale have as their object the sale of products carried out online

via e-commerce service on the website www.mycosmocare.com .

2. Seller subject

2.1 The products are sold directly by the company MIVA Srl with headquarters in Via Straelle San Pietro 12/H, Tax Code and VAT number: 05176610284 (hereinafter Seller).

For any information request, you can contact the seller

• by email to the following address: mycosmocare@gmail.com
• by certified email to the following address: miva@casellapec.com .

2.2 The products are sold to the buyer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.

2.3 The buyer is prohibited from entering false and/or invented and/or imaginary names in the online order procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.

2.4 By placing the purchase order, the buyer expressly accepts these General Conditions of Sale and exempts the Seller from any liability arising from the issuing of incorrect tax documents due to errors relating to the data provided by the Buyer when placing the order online.

3. Selling via e-commerce service

3.1 An online sales contract means a distance contract having as its object the sale of movable goods (hereinafter Products) stipulated between the Buyer and the Seller, within the scope of an electronic commerce service organised by the Seller who, for this purpose, uses distance communication technology.

3.2 To conclude the purchase contract for one or more Products, the Buyer must fill out the order form in electronic format (hereinafter the Order) and send it to the Seller via the Internet following the relevant instructions.

3.3 Although MIVA Srl constantly adopts measures to ensure that the images shown on the Site are faithful reproductions of the original products, some variations are always possible due to the technical characteristics and color resolution features of the computer used by the Buyer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations have a merely illustrative function.

3.4 The contract is concluded when the Seller receives the completed Order Form.

4. Selling prices

4.1 Unless otherwise indicated in writing, all prices of the Products and shipping and delivery costs indicated on the website and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time of transmission of the Order via the Internet. The prices of the Products and shipping and delivery costs may vary without prior notice.

4.2 All Products are shipped directly from Italy. The prices of the Products and shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered not inclusive of any costs connected to customs duties and related taxes, not previously calculable, if the shipment takes place in non-EU countries or in countries where the current legislation provides for import charges. In this case, the existence of any additional costs indicated above will be mentioned during the insertion and review of the Order.

4.3 The costs indicated in paragraphs 4.1 and 4.2 are the responsibility of the Buyer and must be paid directly upon delivery of the Products, according to the instructions specified in the Order Confirmation.

5. Payment Methods

5.1 To pay the price of the Products and the related shipping and delivery costs, you can follow a payment with one of the methods indicated in the order form on the website www.mycosmocare.com , and in particular via: Paypal account; Credit card via Paypal circuit, Credit Card, Bank transfer, klarna, shop pay.

6. Shipping and delivery of products

6.1 The products purchased will be delivered by the courier identified by the Seller to the shipping address indicated by the Buyer on the Order.

6.2 Upon delivery, the signature of an adult will be required. Deliveries will not be made to PO boxes. For each order placed on the Site, Miva Srl issues a receipt or invoice (upon request) for the goods shipped, which will be attached to the package containing the products ordered by the customer. The information provided by the Customer at the time of ordering will be used to issue the invoice. No changes to the invoice will be possible after it has been issued.

6.3 Upon receipt of the goods at his/her home, the Buyer is required to verify the integrity of the packages at the time of delivery by the courier. In the event of anomalies, the Buyer is required to have the courier note them down and accurately note them and reject the delivery. Otherwise, he/she will lose the possibility of asserting his/her rights in this regard.

7. Right of withdrawal

7.1 In the sole event that the Buyer qualifies as a Consumer pursuant to the law, he will have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, by communicating it to the Seller within ten (10) days, starting from the day on which the Buyer acquires physical possession of the Products. The deadline is considered respected if the Buyer sends, within the aforementioned 10-day deadline, a communication to the email address mycosmocare@gmail.com and by certified email miva@casellapec.com , providing for sending to the Seller, within 14 days from when the Buyer acquired physical possession, the purchased product, which must be returned intact in its original packaging. The return shipment is at the Customer's expense.

The withdrawal notice must contain: the expression of the will to exercise the right of withdrawal; the indication of the order number that gave rise to the sales contract from which you intend to withdraw.

7.2 The right of withdrawal is subject to the following conditions:

• Returned Products must be returned in their entirety and not in parts or components of them;
• the returned Products must not have been used and must therefore be returned intact in their original packaging, which must also be intact;
• the Buyer has not opened the packaging of the products being sold;
• the value of the purchased goods is not less than €50.00;
• Returned Products must be returned packaged exactly as they were shipped, complete with all accessories and labels.
• Returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products from the same Order returned and shipped at different times;
• Returned Products must be delivered to the courier within fourteen (14) days from the date on which the Buyer received the products.

7.3 If the right of withdrawal has been exercised in accordance with the previous conditions (paragraph 7.2), the Seller will refund the sums paid within and no later than 30 days from the day on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal, provided that the Seller has already received the returned goods. The Seller will use the same means of payment used by the Buyer for the initial transaction for the refund.

7.4 In the event of withdrawal, the only costs borne by the Buyer will be the initial shipping costs for the order of the purchased products. All other costs will be reimbursed by the Seller, including the costs of delivery of the goods returned following the exercise of the right of withdrawal (with the exception of additional costs resulting from the Buyer's possible choice to use a different and more expensive delivery method than the standard delivery type offered by the Seller).

8. Warranty for non-compliant products

8.1 The Seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, pursuant to the provisions of Italian law.

8.2 The duration of the guarantee, in the case of purchases made by a person who has the qualities of a Consumer, is 2 years from the moment of delivery of the goods. This guarantee is valid provided that the following conditions are respected:

• the defect occurs within 24 months of the date of delivery of the products;
• The Buyer shall submit a formal complaint regarding the defects within a maximum of 8 days

from the date on which the defect was recognized by the latter.

8.3 In particular, in the event of non-conformity, the Buyer who has purchased as a Consumer will have the right to obtain a replacement, or an appropriate price reduction, or the termination of the contract relating to the disputed goods and the consequent refund of the price.

8.4 The return costs for defective products will be borne by the Seller.

9. Applicable law, dispute resolution and competent court

9.1 These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it. Any disputes inherent and/or consequent to these General Conditions must be resolved exclusively by the Italian judicial authority, as better specified below. In particular, if the Buyer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law or, at the consumer's choice in the event of action taken by the consumer himself, by the Court of Milan. If the Buyer acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Milan.

10. Edit and update

10.1 The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Buyer will be required to accept exclusively the General Conditions of Sale in force at the time of the relevant purchase.

10. Privacy

10.1 - By joining the mailing list of offers proposed by MIVA SRL or by making purchases, the Customer must be informed about the processing of his/her personal data. The Customer may at any time renounce the sending of offers by MIVA SRL simply by sending a specific communication via e-mail to the address info@mycosmocare.com, indicating the e-mail address to which he/she no longer wishes to receive communications.

10.2 - Article 7 of Legislative Decree 196/2003 provides that the processing of personal data is preceded by the information to the subject to whom such data refers. In relation to the processing of the Customer's personal data by MIVA SRL, the Customer is required to consider that the collection and processing will be carried out by MIVA SRL for the following purposes:

• carry out marketing and advertising activities
• send information and promotional material
• carry out statistical analyses for marketing purposes
• detect the degree of customer satisfaction

fulfill obligations set forth by laws and regulations, including EU laws, as well as by provisions issued by authorities authorised to do so and by supervisory and control bodies.

10.3 - The processing will take place using automated methods in compliance with the confidentiality and security rules provided by the Law and may include one or more of the following operations: collection, recording, organization, storage, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction. The data may be processed, on behalf of MIVA SRL, by its employees, as well as by professionals or companies that perform specific processing services or complementary or necessary activities for the execution of the services offered. The data may be communicated, in whole or in part, to professionals or companies for the management of the invoicing service and, in general, for the keeping of accounts, who will process such data as independent 'owners' pursuant to the Law.

10.4 - Article 7 of Legislative Decree 196/2003 recognises the following rights for the Customer:

• be informed about the Data Controller and, if appointed, the Data Processor, as well as about the purposes and methods of processing;

• obtain, from the Data Controller and, if appointed, from the Data Processor;

• confirmation of the existence of data concerning the Customer, the communication of the same and of their origin, as well as the logic and purposes of the processing itself;

• the cancellation, transformation into anonymous form or blocking of data processed in violation of the Law; the updating, rectification or integration of data;

• the certification that the operations referred to in the preceding points have been brought to the attention of the subjects to whom the data have been communicated or disclosed;

• to oppose, in whole or in part, for legitimate reasons, the processing of data concerning him/her, even if pertinent to the purpose of the collection;

• to oppose, in whole or in part, the processing of data concerning them for the purposes of commercial information, sending advertising material or direct sales or for carrying out market research or interactive commercial communication and to be informed by the Data Controller of the possibility of exercising this right free of charge.

10.5 - The data controller pursuant to the Law is MIVA SRL against which the Customer may exercise the rights provided for by art. 13 of the Law. Having acknowledged the rights pursuant to Article 7 of Legislative Decree 196/2003, aware of the consequences that any refusal may entail, the Customer will give his/her consent, where necessary, to the processing of his/her data that MIVA SRL will carry out in the exercise of its business.