TERMS AND CONDITIONS

1. General Provisions and Sales Policy

1.1. These general terms and conditions of sale (hereinafter "Terms and Conditions") govern all sales of products (hereinafter "Products" or individually "Product") by AAREA SRL, with registered office at Via Creta 78 - 25124 Brescia, C.F. and VAT number 04482350982, share capital of Euro 20,000, fully paid up (hereinafter "AAREA") concluded remotely on the website the-aarea.com (hereinafter "Site").

1.2. The online sales service on the Site is exclusively reserved for consumers. "Consumers" are defined as individuals over 18 (eighteen) years of age who act for purposes unrelated to their commercial, entrepreneurial, craft, or professional activities (referred to as "Clients" or individually "Client"). Therefore, by expressly accepting the Terms and Conditions, the Client declares to purchase the Products for purposes other than the aforementioned purposes.

1.3. In consideration of its commercial policy, AAREA reserves the right not to process Orders from parties other than the Customer or Orders that do not comply with its commercial policy.

1.4. The purchased Product is intended for Italy, EU countries, and non-EU countries; therefore, if after the delivery of the Product the Customer decides to export the Product to a country other than Italy, they will be responsible for the export and must comply with the applicable regulations and restrictions both for export from Italy and for import into the country where they intend to take it. AAREA hereby disclaims any liability in this regard. In the case of a sales procedure in Italy and the EU; the customer proceeds with the purchase on the e-commerce platform where they pay an amount to AAREA SRL that includes the PRODUCTS and the TRANSPORT to the customer's home; the customer receives an order confirmation email * AAREA Srl prepares the package containing the ordered goods, prepares the sales invoice * AAREA SRL organizes the shipment with the carrier, which is paid by Aarea Srl * AAREA SRL sends the customer an email with the tracking code to track the shipment * the carrier picks up the package and delivers the package with the PRODUCTS to the address indicated by the Customer at the time of purchase – the customer does not have to pay ANYTHING upon receipt of the goods. In the case of a NON-EU sales procedure: * the customer proceeds with the purchase on the e-commerce platform where they pay an amount to AAREA SRL that includes the PRODUCTS and the TRANSPORT to the customer's home * the customer receives an order confirmation email * AAREA Srl prepares the package containing the ordered products, prepares the sales invoice * AAREA SRL organizes the shipment with the carrier * AAREA SRL in the meantime – if necessary (it is not always necessary, it depends on the type of GOOD being exported) requests the certificate of origin from the chamber of commerce, also prepares the free export declaration which, together with the sales invoice and any certificate of origin, constitutes the documentation to clear customs, both Italian and foreign * Aarea Srl sends the customer an email with the tracking code to track the shipment * the carrier picks up the package from AAREA SRL * the carrier performs the necessary activities for the clearance of Italian and foreign customs: this activity is NOT INCLUDED AS IT IS NOT PAID BY THE CUSTOMER to Aarea Srl: the customer will pay the carrier when they receive the goods at home * the foreign customs applies / may apply customs duties to the goods subject to the sale if provided by the current regulations * the carrier delivers the goods to the final customer at the address indicated by them at the time of purchase BUT the customer to collect the products will have to pay the carrier: a) the amount due for the customs clearance procedure b) the customs duties that the foreign customs has applied to the goods during the clearance phase
1.5. The language used for the conclusion of the Contracts (as defined below) is Italian or English depending on the Customer's preference.

1.6. Customers are required to carefully read the Terms and Conditions, available on the Site, in order to be aware of them before purchasing. Each Order Request (as defined below) can be stored and the Terms and Conditions can be downloaded using the relevant browser command. AAREA, in any case, will send the Customer a copy of the Order with all necessary information, also via email. The documents can easily be printed or saved using the functions provided by common email programs.

2. Products and Availability

2.1. All information related to the Products, along with their price, is available on the Site.

2.2. The graphical representation of the Products displayed on the Site may differ from reality; therefore, the Customer should rely on the Product description and the characteristics listed on the Product Page.

2.3. Aarea reserves the right to limit, at any time, the quantity and/or type of Products that can be purchased on the Site. The style, models, features, and colors of the Products described on the Site may be changed without notice. During the purchase process, if a Product is no longer available, the Customer will be notified via an automatic message. AAREA cannot be held liable to the Customer due to the unavailability of a Product.

2.4. AAREA is in no case responsible for any errors resulting from the Client's internet connection failure to the Site.

3. Product Price

3.1. The price of the Products indicated on the Site is expressed in Euros and includes all applicable taxes or duties, except for customs duties in the case of delivery of products to a non-EU country. Any delivery charges, specified on the Site page containing the delivery methods, must be added to the price of the Products.

3.2. AAREA constantly checks the accuracy of the Product prices indicated on the Site; however, it is not possible to guarantee the absence of errors. In the event that an error is found in the indication of a Product's price, AAREA will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.

3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for it on the Product Page.

4. Conclusion of the Contract

4.1. The Site provides the essential characteristics and the price of each Product. The information on the Site does not constitute an offer by AAREA

4.2. Before submitting a purchase proposal through the Site (defined as “Order Request”), the Customer is required to carefully read all the instructions provided during the purchase procedure (including those regarding delivery costs and the conditions for exercising the right of withdrawal), as well as the Privacy Policy and the Terms and Conditions.

4.3. The transmission of the Order Request constitutes a purchase proposal by the Customer regarding the selected Product, governed by these Terms and Conditions, and is binding for the Customer, without prejudice to the right of withdrawal provided for in article 9. The transmission of the Order Request by the Customer entails the obligation for the latter to pay the price of the Product and the shipping costs, if applicable.

4.4. Before submitting the Order Request, the Customer has the opportunity to make any corrections and/or changes to the entered data by following the specific procedure indicated on the Site; for example, the Customer has the option to modify the quantity of Products they intend to purchase by adding or removing one or more Products from the shopping cart (hereinafter "Shopping Bag").

4.5. To purchase a Product, the Customer must (i) place the selected Product in the Shopping Bag by clicking on the appropriate icon, (ii) fill out the Order Request, (iii) select the payment and delivery method, (iv) accept the Terms and Conditions and declare to have reviewed the Privacy Policy, (v) submit the Order Request through the Site.

4.6. Once the Order Request has been submitted, the Customer will receive an automatic message confirming the receipt of the Order Request. Only when the Customer receives confirmation of the acceptance of the Order Request (hereinafter referred to as “Order Confirmation”), is the purchase order between the Customer and AAREA (defined as “Order” or in the plural “Orders”) formalized and, therefore, the related sales contract for the Products (defined as “Contract” or in the plural “Contracts”) is concluded. For Order Requests related to Products sold in the catalog, marked on the Site with the wording “Yours by…” (hereinafter referred to as “Catalog Products”), the confirmation message of receipt of the Order Request will also specify that the Order Request related only to the catalog Products has been accepted and therefore the Order is considered confirmed and the sales Contract for the Catalog Products is correctly concluded between the parties. The acceptance (or rejection) by AAREA of the Order Request will be sent to the Customer at the email address indicated by the Customer in the Order Request itself.

4.7. In accordance with the provisions of Article 51, paragraph 7 of the Consumer Code, as well as Article 13 of the E-commerce Decree (as defined below), the Customer will receive a copy of the Order containing a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information relating to delivery costs, delivery times, and the conditions and methods for exercising the right of withdrawal.

4.8. AAREA may refuse an Order Request, or if already formalized, cancel the Order in the following cases:

(i) in case of unavailability of the Products, without prejudice to the provisions of articles 2.4. and 4.9.; or

(ii) in the event that the payment made by the Customer is unsuccessful (for example, in the case of failure to charge the purchase price to the Customer's credit card); or

(iii) in the event of a report, or suspicion, of fraudulent or illegal activities, including the suspicion that purchases are being made for commercial purposes;

(iv) in case of non-fulfillment by the Client of its obligations arising from a previous contract concluded with AAREA.

4.9. In case of unavailability of one or more ordered Products, the Customer will be notified via email. In such an event, the Order Request is rejected or accepted only for the available Products. In case of partial acceptance, the Customer is required to pay only the price related to the available Products; if the payment is made by credit card, the Customer will be charged only the amount corresponding to the available Products, in addition to any shipping costs, if applicable.

4.10 If the Catalog Products ordered by the Customers are no longer available due to reasons beyond AAREA's control (e.g., the Product has been removed from the supplier's assortment), AAREA will promptly inform the Customer of the inability to fulfill the Order and will consequently terminate the Contract, refunding the amount corresponding to the price and any shipping costs charged to the Customer, as further specified in art. 5.8.

5. Payment Method - Invoice

5.1. The Customer may make the payment of the price of the Products and any shipping costs using the payment methods made available to the Customer on the summary and payment page of the Site.

5.2. The payment methods must be selected before submitting the Order Request, and they cannot be changed in any way once the Order Request has been submitted.

5.3. In the event that the Customer needs to receive an invoice, the Customer must select the appropriate option on the Site and provide the required data before submitting the Order Request. The data for issuing the invoice must be those entered by the Customer in the billing address field. No changes to the invoice are allowed after it has been issued.

5.4. AAREA accepts payments made via credit cards that will be indicated on the summary and payment page of the Site.

5.5. The charge for transactions on the Customer's credit card will only be made after:

(i) the credit card data has been verified;

(ii) the authorization for the charge has been received from the credit card issuing company used by the Customer, and

(iii) the availability of the Product has been confirmed by AAREA.

5.6. No charge will be made to the credit card at the time of submitting the Order Request, except for any temporary charge that may be necessary to verify the validity of the credit card. It is understood that, with the Order Confirmation (which for Catalog Product sales is simultaneous with the confirmation of receipt of the Order Request as specified in art. 4.6), such temporary charge will be canceled and replaced by the charge corresponding to the amount due from the Customer. The temporary charge will also be canceled in case of rejection of the Order Request.

5.7. In the event that the Customer selects the credit card payment method, the Customer may be directed to the payment provider's page for processing the payment and must follow the instructions provided by them.

5.8. All payments can only be made in Euro currency and therefore the Customer acknowledges and accepts that the exchange rate markups and conversion fees set by international circuits remain the sole responsibility of the Customer.

6. Confirmation of shipment and delivery

6.1. AAREA will send the Customer the Order Confirmation email pursuant to article 4.6, as well as a subsequent email confirming the shipment of the Products to the address indicated by the Customer with the tracking code of the shipment issued by the courier. Even the Customer who has purchased catalog Products, after the email confirming receipt and acceptance of the Order Request, will receive the Order Confirmation email in order to be promptly informed of the shipment.

6.2. In the Order Confirmation and shipment notification email, a link will be provided, by clicking which it will be possible to track the shipment status. The Customer is required to regularly use the link in question in order to be updated in real-time on any possible delivery changes. Additionally, the Customer can access the "My Orders" section of their account to check the shipment status.

6.3. In the case of Orders consisting of two or more Products, to expedite delivery, separate shipments may also be arranged.

6.4. In the case of Orders consisting of two or more Products delivered with separate shipments, if the Customer has chosen the cash on delivery payment method, where possible, each shipment will contain a receipt and the Customer will have to pay separately for each delivery only the amount for the goods being delivered.

6.5. After the Product has been shipped, the Order can no longer be canceled or modified. The return of Products already shipped must be carried out in accordance with the withdrawal procedure provided for in article 9.

7. Packages or packaging

7.1. The Products purchased on the Site are delivered using the appropriate packaging for purchases on the Site.

8. Shipping and Delivery of Products

8.1.  The delivery times and related costs are indicated on the Site. The expected delivery times are, however, indicative and not binding. Deliveries will be made in any case within a maximum of 30 (thirty) days from the date of the Order Confirmation, except in cases of force majeure or unforeseeable circumstances and except for Catalog Products, for which specific delivery times are indicated on the respective Product Pages. In the event that, due to events beyond AAREA's control, there is a delay in the delivery of the Products (e.g., production or supply delays by the supplier), AAREA will promptly inform the Customer of the new delivery times and the Customer will be free to accept the indicated term or to terminate the contract, obtaining a refund of the price and any shipping costs charged.

8.2. Any customs duties will always be borne by the Customer

8.3. In the case of shipment to the address indicated in the Order Request by the Customer, the purchased Products will be delivered via a courier selected by AAREA

8.4. At the time of delivery, the signature of the Customer (or their representative) may be required. Deliveries to P.O. boxes are not made.

8.5.  The Customer (or their delegate) is required to check, at the time of delivery of the Products by the Courier or upon collection of the same:

(i) that the number of packages being delivered matches the number indicated on the delivery document; and

(ii) that the packaging and its seals are intact, undamaged, not wet, and not altered in any way.

Any damage to the packaging and/or the Product or the discrepancy in the number of packages or indications must be immediately contested in writing on the Courier's delivery document and communicated to AAREA, along with photographic documentation, via email to info@the-aarea.com. AAREA, upon receiving such communication, will evaluate the complaint raised by the Customer and will proceed, if it is proven to be founded, according to what is provided in the following article 12 for Product non-conformity defects. Once the Courier's document is signed without the Customer raising any objections, the Customer cannot make any complaints in this regard.

8.6. The risk of loss or damage to the Products is transferred to the Customer at the moment when the latter (or a third party designated by him and different from the Courier) physically takes possession of the Product.

9. Right of Withdrawal

9.1. Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or their representative authorized to receive the Product) physically takes possession of the Product (so-called legal withdrawal). In the case of multiple Products ordered by the Customer through a single Order and delivered separately, the period for exercising the right of withdrawal starts from the day on which the Customer or a third party designated by the Customer, other than the Courier, takes possession of the last Product.

9.2. To exercise the legal right of withdrawal, the Customer must return the purchased Product to AAREA by contacting customer service at info@the-aarea.com, and initiating the return procedure to be agreed upon with customer service, as the methods of returning products vary depending on the type of packaging with which the customer received the Products.

9.3 AArea Srl must oversee the shipment of all international and domestic product returns. If the customer has initiated the return request within the terms provided by AArea Srl's return policy and has communicated to an AArea Srl support representative their intention to initiate a return, the customer will receive a quote from AArea Srl which they must approve for the cost of the fully packed and insured return. (The packing activity in case of special packaging will be carried out by our appointed carrier). Once the quote is approved, they will receive a prepaid label and all the necessary documentation for the return.

9.4. The purchased Products must be returned intact, unused, in their original packaging (where provided) or otherwise packaged in the same conditions in which they were received, undamaged and with the identification tag attached with a single-use seal still attached (where provided). In case of depreciation of the Products, due to handling that is not strictly necessary to verify their nature and characteristics, AAREA reserves the right not to accept the return or not to fully refund the amounts paid for the purchase of the Products that are without the original packaging or that have been altered in their essential and qualitative characteristics or that have been used or damaged.

9.5. Upon receiving a legal withdrawal notice within 14 (fourteen) days from the Customer and verifying the correct execution of the terms and conditions indicated in this article, AAREA arranges the refund to the Customer of the product price, reduced by the amount that AArea Srl incurred to repackage the item and resend it to its headquarters, as indicated in article 9.3 with the acceptance of the estimate by the customer. AAREA executes the refund using the same payment method used by the Customer for the purchase of the returned Product, unless otherwise expressly agreed with the Customer and provided that the latter does not have to incur additional expenses for such a refund.

9.6. AAREA may suspend the refund until the returned Product is received or, if it occurs before such receipt

10. Non-conformity defects

10.1. If a Product sold by AAREA has a manufacturing defect or for any alleged lack of conformity related to Products sold by AAREA, the Customer can immediately contact AAREA Customer Service via email at info@the-aarea.com

10.2. The sale of Products is subject to the legal guarantees provided by articles 129, 130, 132, 133, and 135 bis, ter, and quater of the Consumer Code where applicable. According to these legal provisions, the Customer has the right to have the conformity of the goods restored through repair or replacement (the Customer may choose whether to have the Product repaired or replaced under the conditions provided by law), without any expense to them, or, if one of these remedies is unsuccessful, as provided in article 130, paragraph 7, of the Consumer Code, they may obtain a suitable reduction in the Product price or the termination of the Contract. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods that becomes apparent within two years from that time. The action aimed at asserting a lack of conformity not fraudulently concealed by the seller is prescribed, in any case, within 26 (twenty-six) months from the delivery of the Product.

Outside the hypotheses of application of the remedies referred to in point 10.2 above, the customer is required to report the non-conformity of the product within 15 days of receipt

10.3. In the event that the Customer requests, under the terms of this article 10, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs related to the return to AAREA of the Product to be repaired or replaced, as well as all costs related to the delivery to the Customer of the repaired or replaced Product, shall be borne by AAREA.

11. Applicable Law and Jurisdiction

11.1. The Terms and Conditions and, consequently, the Contracts, are governed by Italian law and must be interpreted according to it, including Legislative Decree No. 206 of September 6, 2005 (defined as "Consumer Code"), as well as Legislative Decree No. 70 of April 9, 2003 (defined as "E-commerce Decree").

11.2. Any dispute arising from the interpretation, validity and/or execution of the Terms and Conditions and the Contracts, shall be submitted to the exclusive jurisdiction of the court of the place of residence or domicile of the Customer. In any case, for any dispute that may arise in connection with the Terms and Conditions and the Contracts, Customers may initiate an out-of-court dispute resolution procedure in accordance with the requirements of Articles 141 et seq. of the Consumer Code. For disputes between AAREA and the Customer residing or domiciled outside the Italian territory, the Court of Brescia shall have exclusive jurisdiction.

11.3. The Customer may also choose to use the platform for out-of-court dispute resolution provided by the European Commission, available on the website http://ec.europa.eu/odr.