Terms and Conditions of Sale

The following General Terms and Conditions of Sale govern the offer and sale of products on this website: www.cbweed.com (also, alternatively, the “Website” or the “Site”).

The products and/or services purchased on the Site are offered and sold by “Cbweed S.r.l.”. You may request any information and/or send communications and/or submit complaints regarding sales, purchase orders, products, payments and shipments by contacting Customer Service.

1. Scope of application

1.1 The sale of products through the Site (“Products”) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”) and by Legislative Decree No. 70 of 9 April 2003, as amended by Legislative Decree No. 21/2014, by Legislative Decree No. 70/2003 on electronic commerce, and by EU Regulation 2018/302 of the European Parliament and of the Council containing provisions on electronic commerce. 1.2 These General Terms and Conditions of Sale apply to all sales made by “Cbweed S.r.l.” on the Site.

1.3 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be effective from the time of their publication in the “Terms and Conditions of Sale” section of the Site.

For this reason, users are invited to access the Site regularly and to review, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale.

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

The user is required to read these General Terms and Conditions of Sale carefully, which “Cbweed S.r.l.” makes available in the “Terms and Conditions of Sale” section of the Site and which may be stored and reproduced, as well as all other information that “Cbweed S.r.l.” provides on the Site, both before and during the purchase procedure.

1.4 These General Terms and Conditions of Sale apply within the National and European territory.

They do not govern the sale of products by parties other than “Cbweed S.r.l.” that may be present on the Site via links, banners, or other hyperlinks. “Cbweed S.r.l.” is not responsible for the sale of products by such parties.

On the websites accessible through such links, “Cbweed S.r.l.” does not carry out any control and/or monitoring.

“Cbweed S.r.l.” is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or violations of law by them. 2. Purchases on the site

2.1 Access to sales made through the Site is reserved exclusively to users who are 18 years of age or older.

2.2 The user acknowledges that, by accepting the general terms and conditions of sale, they hold Cbweed S.r.l. harmless from any liability arising from the purchase of the product if such purchase violates the law of the country in which the product is sold.

The user is also required to verify whether the law/standards of their country provide for or authorize the purchase of the products offered for sale by Cbweed S.r.l., considering them legal.

Therefore, the user expressly holds Cbweed S.r.l. harmless from any violation of the law with respect to the above point, assuming all responsibility.

Cbweed S.r.l. informs Customers that the products sold/offered for sale on the Site are intended for technical use and collecting purposes and, as such, may not be used for any other use/purpose.

2.3 Access to the offers on the Site is allowed to users who are consumers, as defined by Article 3, paragraph 1, letter a) of the Consumer Code, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any commercial, craft, entrepreneurial or professional activity they may carry out.

2.4 Resellers or wholesalers or, in general, any parties intending to purchase the Products for subsequent resale may under no circumstances make purchases on the Site. It is therefore prohibited for such parties to register on the Site and make purchases on the Site.

2.5 “Cbweed S.r.l.” reserves the right to refuse or cancel orders originating: (I) from a user with whom it has ongoing legal proceedings; (II) from a user who has previously violated these General Terms and Conditions of Sale and/or the conditions and/or terms of a purchase contract with “Cbweed S.r.l.”; (III) from a user who has been involved in any type of fraud and, in particular, fraud related to credit card payments; (IV) from users who have provided false or incomplete identifying data.

3. Site registration

3.1 Registration on the Site is free of charge. To register on the Site, the user must complete the registration form, entering first name, last name, an e-mail address, password, country, gender.

Registration will be confirmed via an e-mail sent to the user who, in order to complete the registration procedure, must click the specific link contained in the communication received.

3.2 The registration credentials must be used exclusively by the user and may not be transferred to third parties.

The user undertakes to keep them secret and to ensure that no one has access to them, and to inform “Cbweed S.r.l.” by contacting Customer Service in the event of suspected improper use and/or disclosure thereof. The user guarantees that the personal information provided during the Site registration procedure is complete and truthful. Each user is allowed to register on the Site only once. It is prohibited for the same user to make multiple registrations. In the event that “Cbweed S.r.l.” detects that the same user has made multiple registrations on the Site, “Cbweed S.r.l.” reserves the right to immediately and without prior notice block the relevant account. The user agrees to hold “Cbweed S.r.l.” harmless from any damage, compensation obligation and/or penalty arising from and/or in any way connected with the user’s violation of the rules on Site registration or on the safekeeping of the registration credentials.

of the user of the rules on Site registration or on the safekeeping of the registration credentials.

4. Information aimed at reviewing the contract

4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 containing provisions on electronic commerce, “Cbweed S.r.l.” informs the user that: – in order to conclude the purchase contract for one or more Products on the Site, the user must complete an order form in electronic format and transmit it to “Cbweed S.r.l.” electronically, following the instructions that will appear from time to time on the Site and that will accompany the various stages of the purchase; – the contract is concluded when the order form reaches the server of “Cbweed S.r.l.”; – before proceeding with the transmission of the order form, the user may identify and correct any data entry errors by following the instructions indicated from time to time on the Site and accompanying the various stages of the purchase; – once the order form has been recorded and the authorization to pay the total amount due has been received, “Cbweed S.r.l.” will send the user, by e-mail to the address indicated, the order confirmation, containing a summary of the General Terms and Conditions of Sale and the specific conditions applicable to the contract, information on the characteristics of the purchased Product, a detailed indication of the price, the payment method used, information on the right of withdrawal, delivery costs (where applicable), any additional costs and the contact details of Customer Service which the user may contact to request assistance and/or submit complaints.

It is recommended to keep the e-mail received as proof of purchase. The General Terms and Conditions of Sale applicable to the order, as well as the standard withdrawal instructions and the standard withdrawal form referred to in Article 10 are available on the Site.

The order form will be stored in the database of “Cbweed S.r.l.” for the time necessary to process the order and, in any case, within the time limits established by law. 4.2 The languages available to users for concluding the contract are Italian and English.

Customer Service is able to communicate with users in the same languages. 5. Prices 5.1 All Product prices are expressed in Euro (€) and include Value Added Tax (“VAT”). Shipping costs and any other additional costs, including VAT and expressed in Euro (€), will be indicated in the order form before the user proceeds with its submission, as well as in the order confirmation e-mail.

5. Product price

The price of the Products may be changed by “Cbweed S.r.l.” at any time, without prior notice, it being understood that the price charged to the user will be the one published on the information sheet illustrating the main characteristics of the Product (“Product Sheet”) at the time the order is placed.

Any price changes (increases or decreases) after the order is submitted will not be taken into account.

6. Purchase orders – Product information –

6.1 “Cbweed S.r.l.” will process the purchase order and therefore ship the purchased Product only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs (if applied) and any other additional costs. If the Total Amount Due is not paid or if successful payment is not confirmed, the purchase contract shall be deemed automatically terminated pursuant to Article 1456 of the Italian Civil Code. The user will be notified of such termination and the consequent cancellation of the order immediately after the order is submitted, through the Site.

6.2 The Products will remain the property of the partners of “Cbweed S.r.l.” until the user has paid the Total Amount Due. The risk of loss or damage to the Products will be transferred to the user at the time payment of the price due is shown as received by Cbweed S.r.l.

The user acknowledges that Cbweed S.r.l. is in no way responsible for damage, delay, or loss of the product from the moment the product is handed over to the courier responsible for shipment.

6.3 The Products offered on the Site are those shown on the Site at the time the user places the order.

6.4 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, Product colors may differ from the actual colors due to the settings of the IT systems or computers used by users for viewing. The Product images in the Product Sheet may also differ in size or in relation to any accessory products. Such images must therefore be considered indicative and subject to customary tolerances. For the purposes of the purchase contract, the Product description contained in the order form submitted by the user shall prevail.

7. Product availability

7.1 The products offered on the Site are available in limited quantities. Therefore, it may happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order is submitted. Therefore, once the order request has been received, the Orders Department of “Cbweed S.r.l.” reserves the right to reconfirm the availability of the purchased items, the validity of the credit card transaction and to verify the details of previous transactions made by the user on the Site.

7.2 In the event that the ordered Product is unavailable, without prejudice to the rights granted to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will be promptly informed by e-mail. The user will then be entitled to cancel the order. If the user exercises the right of termination, “Cbweed S.r.l.” will refund the amount paid without undue delay and, in any case, within a maximum of 14 working days from the submission of the order. The refund amount will be communicated to the user by e-mail. Such amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date.

7.3 In the case of orders concerning multiple Products (“Multiple Order”), where the subsequent unavailability concerns only some of the Products in the Multiple Order (without prejudice

to the rights granted to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of Article 7.2 above) and where the subsequent unavailability concerns all of the Products in the order, “Cbweed S.r.l.” will immediately notify the user by e-mail. The user will then be entitled to cancel the order, limited to the Product(s) that became unavailable, in accordance with the Consumer Code. If the user decides to cancel the order in relation to the Product(s) that became unavailable or in any case where payment of the total amount due has already been made, “Cbweed S.r.l.” will refund the amount due in relation to such Product(s) within a maximum of 14 working days from completion of shipment. The refund amount will be communicated to the user by e-mail. Such refund will be made to the IBAN that will be provided by the User. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used.

In any case, the value date will be the same as the debit date. Termination of the entire Multiple Order will be possible only in the event of clear and proven accessory nature of the Products in the Multiple Order that became unavailable with respect to the other available Products in the Multiple Order. 8. Delivery of purchased products

8. Delivery

Delivery is subject to a fee for purchases up to the amount of euro 59.00, while for purchases above this amount shipping and delivery are free. The amount of delivery costs due by the user in relation to a specific order is indicated (in Euro and including VAT) during the purchase procedure, in the order summary and, in any case, before the user submits the order.

Such costs will also be shown in the “Profile – My Orders” section of the Site and in the order confirmation. Delivery times will be specifically indicated during the purchase procedure and in the order summary, and, in any case, before the user submits the order. They will also be indicated in the order confirmation and in the “Profile – My Orders” section of the Site.

If no specific delivery time is indicated, delivery will in any case take place within thirty days from the date the contract is concluded.

8.2 The delivery obligation is fulfilled by transferring the physical availability to the Carrier or, in any case, control of the Products to the user.

It is the user’s responsibility to check the condition of the Product delivered. Users are recommended to check the number of Products received and that the packaging is intact, not damaged, and not altered in any way, and are invited, in their own interest, to note any anomalies on the carrier’s delivery document, accepting the package with reservation.

Receipt and acceptance of the Products without reservation does not allow the user to make any claims of liability against Cbweed S.r.l. and the courier. Without prejudice to what is indicated in Article 6.2, if the package shows clear signs of tampering or alteration, the user is invited to promptly notify Customer Service. In any case, the rules on the right of withdrawal remain applicable.

8.3 The Products purchased on the Site will be shipped and delivered to the address indicated by the user when placing the order. Home Delivery will be carried out, unless otherwise indicated, by courier on the days indicated by the Site.

“Cbweed S.r.l.” reserves the right to use other carriers, without prejudice to compliance with the delivery method chosen by the user and the indicated delivery times.

8.4 When the Products are handed over to the courier, the user will be sent a shipment confirmation e-mail indicating the tracking number through which they may check the status of the shipment. This e-mail will also contain information on the delivery procedure, the deadline for collection in the event of failed delivery due to the recipient’s absence, and the consequences of failure to collect within the indicated time.

8.5 The user acknowledges that collecting the Product is a specific obligation arising from the purchase contract. If delivery fails due to the recipient’s absence at the address indicated in the order form, the courier will leave a note to certify the delivery attempt (so-called delivery attempt notice). The note will indicate the telephone number that the user must contact to request that the courier make a second delivery attempt. After two failed delivery attempts, the parcel will be placed “in storage”.

As soon as the parcel is placed “in storage”, Customer Service will contact the user in order to release the storage and ensure the parcel is delivered as soon as possible. If the delivery attempt following contact by Customer Service also fails, the parcel will be returned to “Cbweed S.r.l.”.

With reference to the above, the user acknowledges that, after thirty (30) days from when the parcel is returned to “Cbweed S.r.l.”, the contract may be deemed terminated and the purchase order cancelled pursuant to Article 1456 of the Italian Civil Code. Once the contract is terminated, “Cbweed S.r.l.” will refund the total amount due, if already paid by the user. The refund amount will be credited to the IBAN provided by the User. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date. If, before the expiry of the thirty days mentioned above, the user intends to receive the purchased Product again, they may contact Customer Service to receive all the information necessary to process the request.

9. Payment methods

9.1 Payment for the Products may be made by credit card or using the WeldPay service. If one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site at the latest at the start of the purchase procedure.

9.2 The payment receipt will be issued automatically for each purchase. During the first purchase, the user will be asked to provide the details for the header of the purchase order. The user therefore declares that such details are truthful, undertaking to hold “Cbweed S.r.l.” harmless from any damage, including penalties issued by the competent authorities, that may arise in the event of failure to comply with the truth.

10. Right of withdrawal

10.1 The user who qualifies as a consumer has the right to withdraw from the contract concluded with “Cbweed S.r.l.”, without having to provide any reason, within fourteen (14) calendar days (Withdrawal Period).

THE ORDER MUST THEREFORE BE RETURNED IN THE MANNER INDICATED BY “Cbweed S.r.l.” WITHIN AND NO LATER THAN 14 WORKING DAYS; AFTER THIS DEADLINE THE RETURN WILL NOT BE ACCEPTED

The Withdrawal Period expires after 14 days:

a. in the case of an order relating to a single Product: from the day on which the user or the carrier acquires physical possession of the Product;

b. in the case of a Multiple Order with separate deliveries: from the day on which the user or the carrier acquires physical possession of the last Product;

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces: from the day on which the user or the carrier acquires physical possession of the last lot or piece.

10.2 Exercising the right of withdrawal

To exercise the right of withdrawal in relation to an Order, the user must inform “Cbweed S.r.l.” of their decision to withdraw before the Withdrawal Period expires. To submit the request, it will be sufficient to access their account area or contact Customer Service and select the “orders” item. Subsequently, they must select the desired order and the product(s) they wish to return. The return request can be completed by indicating the reason for the return and any additional notes. At the end of the procedure, the user may print the return receipt to be attached to the parcel and ship it to the address provided.

10.3 After exercising the right of withdrawal in the manner indicated in Articles 10.1 and 10.2 above, the user must return the Product to “Cbweed S.r.l.” using the indicated carrier. The printed receipt with the return number must be attached to the parcel. The return of the Product to “Cbweed S.r.l.” takes place under the user’s responsibility.

10.4 If the user withdraws from the contract within the time limits and in the manner indicated, “Cbweed S.r.l.” will refund the amount paid by the user for the Product no later than 14 calendar days. This period is calculated from when the Product arrives at the warehouses of “Cbweed S.r.l.”.

All subject to verification of the integrity of the Product. The refund will be made to the IBAN provided by the User. In any case, the user shall not incur any cost as a consequence of such refund. If the user exercises the right of withdrawal, the security seal on the Product must not be cut or broken. The Product must not have been opened or altered and must show no signs of use. The returned product must be returned in the condition in which it was delivered.

10.7 If the withdrawal has not been exercised in accordance with the applicable regulations, it shall not result in termination of the contract and, consequently, shall not entitle the user to any refund.

11. Customer service and complaints

11.1 You may request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways: – by completing and sending the form available in the Site’s Customer Service-Contact Us section; by e-mail: ordineonlinecbweed@gmail.com or by phone at: +39 0543093663, available Monday to Friday from 10:00 to 17:00;

11.2 “Cbweed S.r.l.” will respond to complaints submitted within five working days of receiving them.

12. Entire agreement Applicable law and competent court; out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution.

12.1 These General Terms and Conditions of Sale, together with the information provided pursuant to Article 49 of the Consumer Code before the user is bound by the contract, represent the entire agreement between “Cbweed S.r.l.” and the users of the Site with reference to contracts concluded through the Site.

12.2 Contracts concluded between users of the Site and “Cbweed S.r.l.” are governed by Italian law. This is without prejudice to the application, to consumer users who do not have their habitual residence in Italy, of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, in particular with regard to the time limit for exercising the right of withdrawal, the time limit for returning the Products in case of exercise of such right, the methods and formalities of the relevant communication, and the legal guarantee of conformity.

12.3 It is recalled that, in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the court of the place where the user resides or has elected domicile shall have jurisdiction.

12.4 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), “Cbweed S.r.l.” informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code that, in the event they have submitted a complaint directly to “Cbweed S.r.l.” and it has not been possible to resolve the dispute that has arisen, “Cbweed S.r.l.” will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether it intends to make use of such bodies to resolve the dispute. “Cbweed S.r.l.” also informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user may consult the list of ADR bodies, find the link to each of their websites and start an online dispute resolution procedure for a dispute in which they are involved. In any case, the consumer user retains the right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations by using the procedures referred to in Part V, Title II-bis of the Consumer Code.

12.5 A user residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims disputes by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and costs, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

13. Intellectual property

13.1 The website as a whole, the products sold on the website and their packaging, and all elements that may be found on the website (such as trademarks, logos, drawings, shapes and models, illustrations, photos, texts, animations, videograms, phonograms, software, source codes and databases) are the exclusive property of Cbweed S.r.l. or of the holders of the intellectual property rights in the relevant element. All these elements are protected by copyright, trademark law, industrial design law, patent law and sui generis rights.

13.2 Consequently, any reproduction, communication, download, modification or partial or total use of these elements belonging to Cbweed S.r.l. or third parties, for any purpose or by any means of communication, requires the prior written authorization of Cbweed S.r.l. or of the respective holders of the intellectual property rights, except where authorized by law. The user declares and warrants that they have been informed that failure to comply with any of these obligations will expose them to civil actions and/or criminal proceedings.

14. Personal data and cookies

14.1 Cbweed S.r.l. collects and processes the user’s personal data and, when necessary, the data of the recipient of the order. Data collection is necessary for managing and executing the order, as well as for commercial relations between Cbweed S.r.l. and the user. The data may be provided to Cbweed S.r.l.’s contractual partners for the execution of the order, such as management, processing, payment and delivery of the order. The information is also collected and stored for security purposes, in compliance with legal and regulatory obligations. In addition, the collected information enables Cbweed S.r.l. to send promotional offers and establish commercial relations with the user.

14.2 Cbweed S.r.l. uses HTTP Cookies, defined as data files that are stored in the user’s web browser when they access the website. The purpose of these data files, which record the user’s navigation on the website, is to facilitate electronic communication, improve and personalize the quality of the website service, and create statistics measuring page visits and the various website features.