Terms and Conditions - Seller

The My Italian Product platform (hereinafter the "Marketplace") is managed by the company My Italian Product srl, with registered office in via Atto Tigri 11, 00197 Rome (hereinafter "My Italian Product"). My Italian Product is the owner of the service on the web domain www.myitalianproduct.com.

The Shop is managed by the Sellers, who operate in the Marketplace as producers, by virtue of these General Conditions.

My Italian Product reserves the right to modify the General Conditions at any time, it being understood that those published in the Marketplace at the time the Orders are sent by the Customers will be considered applicable to the Contracts.

In the event of a conflict between the General Conditions and any other terms and conditions relating to the Contracts published on the Marketplace, the most favorable terms and conditions for Customers will apply. Customer complaints can be sent to the supplier's email address: [email protected]

1. DEFINITIONS

The terms and phrases listed below have the meanings indicated below, and the terms defined in the singular are also intended in the plural and vice versa.

Consumer: means the adult consumer (as defined by Article 3 of the Consumer Code) who has created an Account in the Marketplace and has accepted these General Conditions in order to purchase one or more Products through the Marketplace.

Customer: means the adult non-consumer who has created an Account in the Marketplace and has accepted these General Conditions in order to purchase one or more Products through the Marketplace.

Seller: indicates the subject (natural person of legal age or legal person) who, as a manufacturer, produces, directly or indirectly, the Products and places them on the Marketplace for the purpose of their sale and who concludes the Contracts.

Products: means the goods and articles made in Italy owned by the Sellers, offered and published by the Sellers in the Marketplace, for the purpose of their direct sale to Consumers and/or Customers.

Defective Products:means the Products damaged, defective or presenting discrepancies with respect to the images of the Product posted by the Seller or with respect to the characteristics indicated by the same in the Marketplace.

Shop: means the personal page of each Seller that can be visited by Customers and/or Consumers containing the electronic Shop of the Products that the Sellers have offered for sale through the Marketplace and all the information relating to the Products, the Sellers and their return and withdrawal policies adopted.

Contracts: means the contracts of sale of the Products concluded between the Sellers and the Customers and/or the Customers through the Marketplace.

Marketplace: means the virtual shop owned by My Italian Product and accessible via the URL www.myitalianproduct.com, through which it is possible to purchase the Products.

General Terms and Conditions: means the general conditions of sale and any future new versions that may be published on the Marketplace by My Italian Product, which govern all the Contracts and form an integral part thereof.

Privacy Policymeans the document defining the methods by which My Italian Product collects, uses, processes, stores and transfers personal data.

Orders: indicates the purchase orders for Products sent by Consumers and/or Customers, in accordance with the General Conditions.

Order number: means the Order number generated by My Italian Product following the fulfilment of the Order by the Consumer and/or the Customer and which, once inserted in the section "My orders" accessible from all the pages of the Marketplace, allows to verify all the information related to the Orders and allows Consumers and/or Customers to monitor the progress of Orders.

Order Confirmation: means the e-mail message through which My Italian Product informs Consumers and/or Customers that the Orders have been accepted. Price: means the sale price of the Products as indicated in the Marketplace under the Products themselves.

Price: means the sale price of the Products as indicated in the Marketplace under the Products themselves.

Commission: the percentage of the 10% that the Seller pays to My Italian Product on the price of each sale of the Products (not including the cost of shipping costs).

Payment: means the Payment process available to Consumers and/or Customers to purchase Products in the Marketplace. The Payment process: (i) is initiated after the Consumer and/or the Customer clicks on the "purchase" button, (ii) the Consumer and/or the Customer is requested to select a Payment method and indicate a delivery address, and (iii) is concluded when the Consumer and/or the Customer clicks on the "complete Payment" button.

Service: means the service offered by My Italian Product that enables Sellers to place their Products on the Marketplace for the purpose of sale to Consumers and/or Customers.

Customer Service: means the assistance service provided by My Italian Product to Sellers, Consumers and Customers before, during and after the purchase and/or sale of a Product.

Account: means the account of the Consumer, Customer or Seller created at the time of registration to the Marketplace..

Subscription: means the monthly subscription to the Marketplace that the Sellers must take out in order to be able to sell their Products through the Marketplace. The Sellers will be able to choose from the subscriptions offered in the commercial offer foreseen from time to time.

Chat: the Marketplace tool that Sellers can use to communicate privately with Consumers and/or Customers who have placed an Order.

Certifications: indicates the sign affixed by the Seller next to the Products, through which the Seller guarantees, on the basis of certifications issued by the relevant bodies and/or bodies, that the Product has specific certified characteristics that comply with current regulatory requirements.

Badges: indicates the sign affixed by the Seller next to the Products which allows the Customer and/or the Consumer to identify some characteristics of the uncertified Product.

2. OBJECT OF THE CONTRACT.

This telematic contract concerns the supply by My Italian Product of the Service, which allows the Sellers to insert their Products in the Marketplace for the purpose of sale to Consumers and/or Customers.

In order to place their Products on the Marketplace, Sellers must register on the Marketplace and create their own Account by providing the following information:

• email address
• username
• password
• declaration of being in possession of all the necessary authorizations for the sale of the Products
• company name, VAT number, unique code

Such information must be true, accurate, current and complete. This information will be filed in the Marketplace database and used by My Italian Product according to the methods and in compliance with the Privacy Policy as well as in compliance with the applicable personal data protection legislation.

The Seller's registration in the Online Shop represents a request by the Seller to be able to operate in the Marketplace; this request is subject to approval by My Italian Product, which reserves the right to carry out checks or request additional documentation (even after signing the Subscription) relating to the Seller and the Products to be sold through the Marketplace. Only following a positive outcome of the verification, the Seller will be able to subscribe to the Subscription and operate through the Marketplace.

The Seller will be able to acquire the status of "Verified Seller" (or equivalent denomination) by uploading the documentation specifically requested for this purpose from his control panel. For more details on the qualification of "Verified Seller" see the FAQ.

The sale of the Products must comply with the following requirements:

• the Products must be in line with the quality standards required by law to be definable as "made in Italy";
• the sale, use or possession of the Product must not infringe the rights of any third party (including intellectual property rights) and must not violate any applicable local, national or international law or regulation;

Products cannot be sold through the Marketplace:

• illegal: to be understood as any goods or materials whose possession, trade, sale, shipment, transport or production is prohibited by any applicable law, rule or regulation.
• unsafe: to be understood as Products that do not comply with hygiene standards or that represent a risk to health or safety;
• resulting from auction sales;
• that for quality, materials and/or manufacturing techniques are not considered by My Italian Product in line with its policies.

By placing the Products on the Marketplace for the purpose of selling them, the Seller declares and guarantees that he has all the authorizations and/or Certifications necessary for placing the Products on the market. My Italian Product reserves the right to request the exhibition of such documentation at its discretion.

In the event that the Seller intends to sell alcoholic products, it is necessary that he is in possession of all the authorizations required by national, European or foreign country legislation in which the sale may take place.

In the event that the Seller intends to sell a Product accompanied by instructions for use, a manual or safety warnings, the Seller is required to include these documents in the shipment of the Product to the Customer and/or the Consumer.

My Italian Product reserves the right to redefine which Products are allowed to be uploaded to the Marketplace and which are prohibited. Where the Products inserted by the Seller in the Marketplace do not comply with these General Conditions, they may be removed from My Italian Product and the Seller's Account may be blocked or suspended.

Where the Seller intends to sell the Products within the European Economic Area or EEA (which includes the Member States of the European Union, Iceland, Liechtenstein and Norway), before they can be uploaded to the Marketplace, the Products must be been legally made available on the European Economic Area market.

To this end, the Seller assumes all responsibility for the knowledge and compliance with the legislation concerning the export and import of the Products in the countries in which it intends to carry out sales and shipments and declares and guarantees that it is in possession of all the authorizations necessary for this purpose, exempting My Italian Product from any liability in this regard.

4. LOADING THE PRODUCTS INTO THE MARKETPLACE.

The Seller, once the registration on the Marketplace has been successfully completed, will be able to proceed with the creation of his own Shop.

The Seller must insert in his Shop each Product he intends to sell through the Marketplace using the wizard presented by the Marketplace.

The Seller must enter each Product separately, in the category it belongs to among those available on the Marketplace by creating an advertisement for each Product and accompanying it with a descriptive image of the Product, a description of the same and the price of the Product expressed in Euros including VAT.

The description must be original and must not refer to external websites.

Where the Products consist of foodstuffs, their description must necessarily contain all the mandatory labeling information including:

1. the name of the product;
2. the ingredients, with the specific quantity;
3. the presence of allergens;
4. storage conditions and/or conditions of use;
5. for treated products, information about the specific treatment it has undergone (for example, if the product is defrosted, frozen, powdered, etc.);
6. the country of origin of the food;
7. the alcohol content for beverages containing more than 1.2 % of alcohol by volume;

the nutrition declaration.

For Products that belong to a category other than foodstuffs, the description must contain all the mandatory labeling information.

The Seller assumes all responsibility for the knowledge and compliance with the legislation concerning the conservation, expiration, labeling and shipment of the Products with ample indemnity against My Italian Product and declares and guarantees to be in possession of all the authorizations necessary for this purpose.

The Seller cannot upload a Product which he knows is not available or which he knows has already been sold.

Uploaded images must meet the following requirements:

• must show the Product as it really is;
• they must be clear and sharp;
• must comply with the indications and dimensions required;
• cannot be replaced with stock photos, photos taken from advertisements, and photos with watermarks;
• the first photo must clearly show the whole Product or the whole set on a light/white background;
• Products subject to an age rating system (such as adult video games) must display the necessary age information.

The Sellers cannot use photographs and descriptions found and/or copied on the Internet, but must be the result of the Seller's inventiveness. The description and photographs of the Product must reflect the actual quality and external appearance of the Product, as well as any defects or alterations affecting the Product.

Each Seller must indicate for each Product the relative return and withdrawal policy adopted, as well as the terms foreseen for the production, shipment and delivery of each Product. The Seller is free to apply the policy he deems most appropriate to the Product sold, subject to compliance with the guarantees provided by the Consumer Code in the case of the sale of the Product to Consumers.

In correspondence with each Product published on the Marketplace, each Seller will be able to enter Badges and Certifications, selecting them from those made available by My Italian Product. The Seller assumes exclusive responsibility for the conformity and truthfulness of the Certifications and Badges inserted in correspondence with each Product, with large indemnity against My Italian Product.

Always in correspondence with each Product, the Seller indicates whether it:

(i) is available;

(ii) is not available;

(iii) is available "upon request";

(iv) is "customizable".

The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "not available" cannot be ordered by Customers and/or Consumers.

In the event of unavailability of a Product indicated as available at the time the Order is sent by a Customer and/or a Consumer, the Sellers undertake to indicate to the Customer and/or Consumer via the Chat the indicative times foreseen for a new availability of the Product/s covered by the Order sent by the Customer and/or by the Consumer and, once available, the Seller will ship the Product to the Customer and/or Consumer within 3 working days.

If the Product is definitively unavailable, the Seller will be required to fully refund the Price paid by the Consumer and/or Customer for the unavailable Product. In any case, the Customer and/or the Consumer can withdraw the Order within 48 hours of receiving this communication – without prejudice to the right of withdrawal pursuant to articles 11 and 12 - communicating it to the Seller. In this case the Seller undertakes to refund the price paid for the purchase of the product in the shortest possible time.

In the case of a Product available "on request", the Seller is required to check its availability after the request of the Customer and/or the Consumer.

In the case of a "customizable" Product, after sending the Order Confirmation, the Seller is required to communicate to the Customers and/or Consumers, via the Chat, the indicative deadline for the shipment of the customized Product.

When a Seller places a Product in the Shop and the advertisement is published in the Marketplace, this constitutes an offer to sell the relevant Product by the Seller, which can be accepted by a Customer and/or a Consumer.

The Seller who uploaded the Product may remove it or change its price at any time, before entering into a contract with a Customer and/or Consumer for the sale of the Product in question.

The Seller assumes, both towards My Italian Product and towards third parties, all responsibility for the truthfulness and completeness of the information provided when uploading the Product on the Marketplace.

5. INTELLECTUAL PROPERTY

All intellectual property rights on the Marketplace are owned by My Italian Product.

The Seller declares and guarantees that it will not use descriptions and/or Products that contain images, works, materials and/or elements of any kind owned by third parties and/or that violate third party rights and/or legal provisions and that nothing contained in them is unlawful, harmful, violent, threatening, abusive, harassing, defamatory and/or slanderous, harmful to decorum, personal dignity, offensive, vulgar, obscene, harmful to the privacy of others, racist, classist, blasphemous, contrary to good taste or public order or in any case reprehensible, undertaking as of now to indemnify and hold My Italian Product harmless from any prejudicial consequence deriving from the failure to comply with the above declarations and guarantees.

The Seller grants My Italian Product a perpetual free non-exclusive license without territorial limits to display its contents on the Marketplace or on any other medium, both digitally and on paper.

It is strictly forbidden to upload counterfeit Products to the Marketplace.

6. RELATIONS WITH CUSTOMERS AND/OR CONSUMERS.

Customers and/or Consumers can purchase the Products by visiting the Seller's Shop; selecting the desired Product; inserting this Product in the "cart"; by clicking on "go to cart"; choosing the payment method available. Once the method of payment has been chosen, the Customers and/or Consumers can proceed with sending the Orders by clicking on "send" and My Italian Product will send the Order Confirmation by e-mail to the Customers and/or Consumers.

The Contracts are understood to be concluded directly and immediately between the Seller and the Customer and/or Consumer when the Customers and/or Consumers receive the Order Confirmation. If the Customers and/or Consumers do not receive the Order Confirmation within the aforementioned term, the relative Order shall be considered rejected and, therefore, ineffective.

Once the communication of the positive result of the Price Payment by the Consumer and/or the Customer has been received from My Italian Product, the Seller must take steps to send the purchased Product, directly or through couriers identified from time to time by the Seller and of which the Seller ensures the coordination. The Seller guarantees the use of couriers with traceable shipments and undertakes to make the tracking number of the Order available according to the procedure that will be requested by My Italian Product.

As regards the Contracts concluded with the Customers, the Seller undertakes to ship the Products within the terms indicated at the time of Order Delivery.

As regards the Contracts concluded with Consumers, the Seller undertakes to ship the Products:

(i) in the case of Products available within 3 working days from the moment the Seller has received the information of successful Payment;

(ii) in the case of available Products which have become unavailable, within 3 working days from the moment in which such Product or such Products are available again at the Seller's warehouses, without prejudice to the Consumer's right to collect the Order;

(iii) in the case of Products "on demand", within 3 working days from the moment such Product/s are available at the Seller's warehouses;

(iv) in the case of "customised" Products, within 3 working days from the moment the same are available at the Seller's warehouses;

(v) in the event that the availability of one or more Products is not indicated and the Products are available at the time the Order is sent by the Consumers within 3 working days from the time the information was made available to the Seller of successful payment in case of payment by means other than credit card;

(vi) in the event that the availability of one or more Products is not indicated and the Products are not available at the time the Order is sent by the Consumers, within 3 working days from the time the Products are available at the Seller's warehouses.

The Sellers guarantee the shipment of the Products, in the states indicated in the Marketplace, by priority postal service or primary express couriers selected from time to time depending on the Product object of the Order and the place of destination. The Products are shipped by the individual Seller and delivered by the courier selected by the Seller to the address indicated by the Customers and/or Consumers at the time of registration or at a different address indicated at the time the Order is sent.

Each Seller indicates in its own Shop the delivery time for the Product. From the moment the Product is ready, the Seller ensures that

• will ship the Product within 3 working days;
• the Product must be delivered to the Customer and/or the Consumer by traceable shipment within the term promised by the Seller in the Shop.

The Seller acknowledges that failure to comply with these delivery times may result in serious commercial and image damage to My Italian Product, therefore in the event of a delay of more than seven working days with respect to the Product delivery times indicated by the Seller to the Customer and /or the Consumer, My Italian Product will proceed to charge the Seller - in addition to the Commission - a penalty of 10% of the unit price of the Product. My Italian Product may recognize an amount equal to 10% of the price of the Product to the Customer and/or Consumer who purchases the Product delivered late in the form of a voucher that can be spent by the Customer and/or Consumer for future purchases on the Marketplace.

In this case, the Seller acknowledges that the discount applied or the refund paid will be fully borne by the Seller.

If the Customer and/or the Consumer does not receive the Product or if the Product has been damaged during transport or presents defects and/or discrepancies with respect to the images and descriptions provided by the Seller, the Customer and/or the Consumer may withdraw from the Contract and obtain reimbursement of the amount paid in the terms and conditions set out in the following articles 9 and 10.

Where, on the other hand, some Products are missing compared to what was ordered by the Customer and/or the Consumer, the latter must promptly notify the Seller who will be required to supply the missing Products at his own expense. If some Products are missing, the Consumer and/or Customer will have the right to request the cancellation of the Order for the part relating to the missing Products and the return of the Price paid for the latter.

If the Products present a guarantee recognized by the Seller as the manufacturer of the same (commercial / conventional guarantee), the Seller is responsible for any defects/non-conformities of the Products and for any damage caused by defects in the Products themselves.

In the event of a dispute relating to the loss or damage of a Product during transport, the information provided by the courier will be considered accurate, unless proof to the contrary is provided by the Customer and/or the Consumer.

In the event that the Customer and/or Consumer believes that the Product is counterfeit, My Italian Product will ask both the Customer and/or Consumer and the Seller to provide information in support of their position. On the basis of all the pertinent information available to My Italian Products and there are strong, objective and concrete indications that the Product received is counterfeit, My Italian Product reserves the right to report the sale of the counterfeit Product to the competent authorities.

7. CONCLUSIONS OF THE CONTRACTS.

The Seller acknowledges that the completion of the checkout process by the Customer and/or the Consumer creates a legally binding agreement between the Customer and/or the Consumer and the Seller based on (i) the description and photographs of the Product, (ii ) the conditions agreed between the Customer and/or Consumer and the Seller and (iii) the relevant conditions included in the General Conditions.

The Customer and/or the Consumer undertakes to pay for the Product and the Seller undertakes to transfer ownership of the Product. For the avoidance of doubt, My Italian Product is not a party to this agreement.

8. PAYMENT OF THE PRICE OF THE PRODUCTS AND SHIPPING COSTS, TAXES AND DUTIES - BILLING TO CONSUMERS AND/OR CUSTOMERS.

The Price is indicated in the Marketplace in correspondence with the Products themselves expressed in Euros.

The applicable Price is the one published in the Marketplace at the time the Orders are sent by the Customers and is identified by the Seller at its discretion.

The Seller undertakes not to sell the Products to Consumers through its own direct sales channels at a lower selling price than the Price applied on the Marketplace. The Seller also undertakes not to sell the Products to Customers through channels other than the Marketplace at a lower selling price than the Price applied in the Marketplace.

The Price is inclusive of VAT to the extent and where applicable if the Products are shipped and delivered within the European Union. If the Products are delivered outside the European Union, the Price does not include VAT.

The Seller may reserve the right to ask Customers and/or Consumers for shipping costs, which may vary depending on the type of delivery, the quantity and/or quality of the Products to be delivered, their volume, weight and destination.

Where provided, the contribution requested by the Seller for shipping costs must be indicated, separately from the Price, before the Order is sent by Customers and/or Consumers and will be paid by Customers and/or Consumers together simultaneously with the Payment of the Price.

Any taxes, duties, and other charges established by the laws of the State where the Products are shipped and delivered will be entirely the responsibility of the Customers and/or Consumers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge of the delivery.

With this agreement, the Seller grants My Italian Product an express mandate for the collection of the Price, i.e. to collect the Price in the name and on behalf of the Seller, and for the management of Payments through any payment system. The mandate for the management of Payments also includes the management of any refunds of the Price: in particular, the Seller gives My Italian Product an express mandate to carry out the refunds of the Price authorized by the Seller towards the Customer and/or the Consumer until the Price has not been paid by My Italian Product to the Seller. Once the Price has been paid by My Italian Product to the Seller and the conditions for the refund are subsequently verified, the Seller will be required to make this refund directly and personally to the Customer and/or Consumer, indemnifying and holding My Italian Product harmless from any dispute in this regard.

Once the sale with the Customer and/or Consumer has been concluded, the Seller is required to issue an invoice and/or a suitable sales tax document where requested by the Customer and/or Consumer or in any case where necessary according to the applicable tax legislation. The Seller will also be responsible for issuing the credit note and/or suitable tax document in the event of a refund of the Price.

My Italian Product will therefore not issue the Customer and/or the Consumer any tax document relating to the sale of the Product and/or the refund of the Price.

9. SERVICE FEE.

In order to be able to sell their Products through the Marketplace, the Sellers must subscribe to a monthly subscription among those proposed in the commercial offer foreseen from time to time. This amount will be due every month, with automatic renewal, and debited to the means of payment indicated by the Seller at the time of registration and creation of the Account. Furthermore, the Seller pays My Italian Product the Commission of 10% on the price of each sale of the Product.

My Italian Product will issue an invoice for the Service to the Seller.

The Price paid by the Customer and/or the Consumer will be retained by My Italian Product and will be reported to the Seller on a monthly basis, at the end of the month following the one in which the Product was delivered, minus the Commission.

The Seller may withdraw from this contract at any time by following the procedure provided in his Account. In any case, the Seller will be required to pay My Italian Product the price of the subscription and the Commission accrued up to the date of withdrawal.

In cases where My Italian Product exercises its right to suspend the Seller's Account or to interrupt the use of the Marketplace by the Seller, no refund will be due to the latter, except for what is due in relation to the Products sold up to day of suspension or cancellation of the Account.

10. INTERACTION AND MESSAGES ON THE MARKETPLACE.

In the Marketplace there are specific spaces dedicated to the interaction between Sellers and Customers and/or Consumers.

Customers and/or Consumers can post reviews, ask questions, leave feedback, comments and evaluations on the Sellers and the Products sold by them.

My Italian Product assumes no responsibility for feedback, comments and evaluations of Customers and/or Consumers on the Sellers and on the Products sold by them.

The Sellers will be able to communicate with the Customers and/or with the Consumers exclusively through the appropriate Chat.

11. CONSUMER WITHDRAWAL.

The Consumer has the right to withdraw from any Order, without giving any reason and with any declaration, as long as it is explicit, delivered in writing to the Seller.

Following the withdrawal from the Contract, the Seller will refund the Payment made by the Consumer, with the exception of the delivery costs which are borne by the Consumer, without undue delay and in any case no later than 14 days from the day on which he is informed by the Consumer of the decision to exercise the right of withdrawal. These refunds will be made using the same Payment instrument used by the Consumer during the purchase, unless otherwise established. In any case, the Consumer will not have to bear any costs as a result of this reimbursement other than the shipping costs if the Seller has not expressly taken charge of them.

The refund may be suspended until the Seller receives the Products being returned or until the Consumer demonstrates that the Products have been shipped, if earlier.

The Consumer shall return or deliver the Products without undue delay and in any event within 14 days of the day on which he or she communicated his or her desire to withdraw from the Contract.

The Products must be returned:

• properly packaged in their original packaging, not ruined, damaged or soiled and equipped with all accessories, instructions for use and documentation, if any;
• equipped with the transport document (where present in the original packaging) or in any case with all the information that allows the Seller to identify the Consumer and/or the Customer (Order number, name, surname, company name, address, ...);
• without manifest signs of use, other than those compatible with carrying out a normal test of the Product (they must not bear traces of prolonged use or in any case exceeding the time necessary for a test and must not be in such a state as not to permit resale).

Where the returned Product does not comply with the requirements of the preceding paragraph, the withdrawal will not be effective.

The costs and risks associated with returning the Products are borne by the Consumer unless the Seller's policies provide otherwise.

If the Customer and/or the Consumer expresses his will to withdraw from the Contract entered into with the Seller before the Seller has entrusted the Product to the selected courier, the Seller will be required to cancel the Order and fully refund the Price paid by the Consumer and /or by the Customer.

Where the Consumer informs the Seller of his/her intention to withdraw from the Contract, the Seller is required to promptly notify My Italian Product authorizing the latter to cancel the Order and all consequent cancellations.

12. WITHDRAWAL OF THE CUSTOMER

In the Contracts concluded with the Customers, the Seller is not required to guarantee and recognize the Customer's right of withdrawal.

Where the right of withdrawal is recognized by the Seller, the Customer must communicate his wish to withdraw in the manner and within the timescales established by the Seller in his own withdrawal policies made available to the Customer in his Shop.

Where the withdrawal policies adopted by the Seller of the Product provide for this possibility, the Customer may return the Products using the return label received with the Order or may print a new one via his personal page accessible from the Marketplace. If the Customer does not have access to a printer, if he encounters problems downloading the return label or if he needs a new label, he can contact Customer Service and request one. Please always use the return label provided in order to avoid unnecessary additional costs for the customer.

Where foreseen, following the withdrawal from the Contract, the Seller will have to take steps to reimburse the Price to the Customer within the timescales provided by the Seller.

Each Seller is free to apply the return policies they prefer; the policies chosen by each Seller will be indicated in the Seller's Shop and the Customer undertakes to read and accept them when purchasing each Product. Therefore, once the declaration of withdrawal has been received, the Seller will have to take steps to reimburse the Price through My Italian Product and, if foreseen and requested, replace the Product but the reimbursement of shipping costs incurred by the Customer for the return of the defective Product is not mandatory for the Seller, as it depends on the return policies it describes in its Shop.

These refunds will be made using the same Payment instrument used by the Customer during the purchase, unless otherwise established.

The refund may be suspended until the Seller receives the returned Products.

The Products must be returned by the Customer:

• properly packaged in their original packaging, not ruined, damaged or soiled and equipped with all accessories, instructions for use and documentation, if any;
• equipped with the transport document (present in the original packaging), in order to allow My Italian Product to identify the Customer (Order number, name, surname and address);
• without manifest signs of use, other than those compatible with carrying out a normal test of the Product (they must not bear traces of prolonged use or in any case exceeding the time necessary for a test and must not be in such a state as not to permit resale).

Where the returned Product does not comply with the requirements of the preceding paragraph, the withdrawal will not be effective.

Unless the Seller's policies provide otherwise, the costs and risks associated with returning the Products are borne by the Customer. The Customer is responsible for any decrease in the value of the goods resulting from the handling of the Products other than that necessary to establish the nature, characteristics and functioning of the Products themselves.

Where the Customer informs the Seller of his intention to withdraw from the Contract, the Seller is required to promptly notify My Italian Product, authorizing the latter to cancel the Order and all consequent cancellations.

13. PRIVACY

My Italian Product declares and guarantees that the personal data of Customers and/or Consumers will be processed in accordance with the provisions of a. EU Reg. no. 679/2016 ("GDPR"), according to the provisions of the privacy information provided to Customers and/or Consumers at the time of profile registration.

14. ERRORS AND/OR INACCURACIES IN THE MARKETPLACE

My Italian Product strives to constantly check the Marketplace in order to avoid errors or inaccuracies. However, it is possible that the Marketplace contains, or may over time contains, errors, inaccuracies or omissions.

My Italian Product therefore reserves the right to correct errors, inaccuracies or omissions contained in the Marketplace even after an Order has been sent and also reserves the right to change or update information at any time without prior notice to the Sellers.

My Italian Product is not responsible for any damages suffered by the Sellers due to unpredictable and controllable events, such as, but not limited to: unavailability of the service, software viruses, damaged files, errors, omissions, service interruptions, cancellation of progress at the time of placing an Order, problems due to the network, providers or telephone or telematic connections, alteration of data, failure or malfunction of the user's electronic equipment, loss or theft of data.

15. SELLER'S RESPONSIBILITY

All Sellers are fully responsible for the information they post on the Marketplace as well as for the Products they offer, sell or transfer to Customers and/or Consumers.

The Seller undertakes to establish and maintain its own entrepreneurial organizational autonomy for the sale and shipment of the Products and guarantees to have an adequate structure suitable for this purpose.

The Seller, at its own expense and expense, must obtain and maintain all authorizations, licenses and permits and any other approvals that are necessary for the production and marketing of the Products.

The Seller undertakes to unilaterally and simultaneously with the delivery of the Product provide all the documentation, including fiscal documentation, necessary and required by the regulations applicable from time to time.

The Seller is solely responsible for compliance with any legislation and documentation necessary for the sale of the Products in Italy and abroad.

The Seller must autonomously process the order and assume all the resulting responsibilities towards the Customer and/or the Consumer.

If it is not possible for the Seller to complete an Order, he will be required to promptly inform - and in any case no later than 24 hours - the Customer. If the Customer and/or the Consumer has already made the Payment, My Italian Product will issue the full refund with the express authorization of the Seller.

the Seller declares and guarantees that he has the right to transfer ownership of the Product to the Customer and/or the Consumer.

Sellers must comply with all laws, rules and regulations that are applicable to them when using the Marketplace. In particular, the Sellers must refrain from (i) violating the rights of third parties; (ii) violate intellectual property rights or offer for sale counterfeit Products, (iii) offer for sale Products that violate laws or regulations; (iv) instigate the commission of crimes, acts based on discrimination, hatred or violence due to race, ethnicity or nationality; (v) communicate incorrect information or confidential information; (vi) post defamatory comments; (vii) committing actions that could endanger minors; (viii) posting another person's personal information or violating their privacy or (ix) usurping someone else's identity; or (x) upload or otherwise post any content that is unlawful, false or inaccurate.

Sellers must act and use the Site in good faith.

The Seller ensures and guarantees that the Products shipped to the Customer and/or the Consumer will correspond in type, quality and quantity to the Products offered in their Shop and ordered by the Customers and/or Consumers at the time the Order is sent.

If a Seller fails to comply with or violates these General Conditions, he acknowledges and agrees to be solely responsible for all direct and indirect losses suffered by third parties or by My Italian Product that may derive therefrom, where permitted by law, except in cases of violation of these General Conditions. In particular, by way of example but not limited to, My Italian Product shall in no case be held responsible for: (i) the actions or omissions of the Sellers, (ii) the adequacy, accuracy, exhaustiveness and/or lawfulness of any content and description posted by the Sellers; (iii) the nature, safety, quality and quantity of the Products.

16. OTHER

My Italian Product, as a service provider, has no contractual obligation to carry out checks on the contents and Products included in the Marketplace and, within the limits permitted by applicable law, can in no case be held responsible for any damage or loss suffered by Customers, by Consumers or by Sellers in relation to such content and Products. In compliance with the legal obligations imposed on it, My Italian Product will remove from the Marketplace any illicit Product and/or content that has been duly reported to it in an adequately detailed and clear manner through the reporting procedure described here  [email protected].

In the event of notification, My Italian Product reserves the right to immediately suspend, without notice, the Account of the Seller and/or the Customer and/or the Consumer (including any transactions in progress) and to remove the content and/or the Product in question.

My Italian Product is not responsible for any tax or reporting liabilities that may arise for Customers and/or Consumers and Sellers from the activities carried out within the Marketplace.

17. NOT COMPETITION

The Sellers undertake not to use the Marketplace - not even indirectly through their representatives, family members or third parties, for the entire validity period of the Marketplace subscription and for the 24 months following the end of the last subscribed subscription - in order to ensure the possibility of maintaining business relations outside the Marketplace with Customers and/or Consumers who have placed at least one Order in the Marketplace and with whom the Seller has never had previous business relations outside the Marketplace.

Furthermore, the Seller undertakes not to enter into contact - even indirectly - and not to perform any act capable of causing a diversion of Customers and/or Consumers from the Marketplace.

Where Customers and/or Consumers should contact the Seller requesting the sale of the Products outside the Marketplace, the Seller undertakes to notify My Italian Product, promptly and without delay, and to refrain from carrying out such unfair sale for the entire period validity of the Marketplace subscription and for the 24 months following the end of the last subscribed subscription.

18. APPLICABLE LAW

The General Conditions and the Contracts are governed by Italian law (and in particular by Legislative Decree 206 of 09/06/2005 - which in articles 46 to 67 regulates remote contracts - and by Legislative Decree 70 of 04/09/2003 relating to electronic commerce) and must be interpreted in the light of this.

For any controversy that may arise with the Sellers in connection with the General Conditions and/or the Contracts, the Court of Rome will have exclusive jurisdiction.

19. CONTACTS

For further information and assistance, Sellers can contact My Italian Product at the following email: [email protected]