General Terms and Conditions of Sale

Legal Notes

GENERAL TERMS AND CONDITIONS OF SALE, effective from 09/01/2023

Preamble

This information is provided for the website “https://inastra.com” (Site) owned by ScentFactory srl, with registered office in via Roma 344 Ispra (VA) IT, registered with the Chamber of Commerce of Varese, with VAT no. 11227810964, with tax code 11227810964 (Seller).

Art. 1. Scope of Application

1 . 1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 (Consumer Code) and Legislative Decree 9 April 2003, no. 70, containing the regulation of electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The indicated terms are to be understood as working days, therefore excluding Saturday, Sunday and national holidays.

1.3 The General Terms and Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult the most updated version of the General Terms and Conditions of Sale before making any purchase.

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

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by subjects other than the Seller that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such subjects, it is necessary to verify their conditions of sale. The Seller is not responsible for the provision of services and/or for the sale of products by such subjects. On the websites that can be consulted through such

links, the Seller does not perform any control and/or monitoring. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.

1.6 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Site.

1 . 7 The “submission of the” purchase order constitutes acceptance of these General Terms and Conditions of Sale.

Art. 2. Purchases on the Site

2.1 Purchase on the Site

can be made after registration on the Site
is allowed to users who have the status of consumers. Pursuant to
Art. 3, I paragraph, letter a) of the Consumer Code, it is recalled that “a consumer is a natural person who acts for purposes unrelated to the” entrepreneurial, commercial, professional or artisanal activity possibly carried out.

2.2 To avoid hoarding, it will not be possible to purchase more than 3 pieces of the same item within the same order.

2.3 Retailers, wholesalers or, in general, all those who intend to make purchases for subsequent resale may not in any case make purchases on the Site. It is therefore forbidden for such subjects to make purchases on the Site.

2.4 In the case of orders, from whomever they come, that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities.

2.5 The Seller reserves the right to refuse or cancel orders that come from:

a user with whom the Seller has an ongoing legal dispute
a user who has previously violated the General Terms and Conditions of Sale
a user who has been involved in crimes
a user who has provided false, incomplete or
otherwise inaccurate identification data or who has not promptly sent to the Seller the documents requested by the same or who has sent invalid documents.

Art. 3. Registration on the Site

3 . 1 To register on the Site, you must fill in the appropriate form, entering the following data:

name
surname
email
password.
3.2 You agree to immediately inform the Seller in case you suspect or become aware of an improper use or an improper disclosure of the access credentials to the Site.

3.3 The user registered on the Site guarantees that the personal information provided is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way related to the user’s violation of the rules on registration to the Site or on the preservation of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller’s right to proceed with the deactivation of the user’s account.

Art. 4. Information for the conclusion of the contract

4.1 In accordance with Legislative Decree No. 70 of April 9, 2003, concerning provisions on electronic commerce, the Seller informs you that:

• to conclude a purchase contract on the Site, you must complete an order form in electronic format and transmit it to the Seller, electronically, following the instructions that will appear from time to time on the Site

the contract is concluded when the order form reaches the Seller’s server
once the order form is received, the Seller will send you to the email address provided the order confirmation containing:
o a link to the general terms of sale
o information regarding the characteristics of the purchase
o indication of the price
o indication of the payment method used
o indication of delivery costs
o indication of the delivery term
o indication of delivery costs and any additional costs.

Art. 5. Product Availability

5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the transmission of the purchase order.

5 . 2 Information regarding the availability of each Product is present within the Site.

5.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the effects of the provisions of art. 61, IV and V paragraph, of the Consumer Code.

5.4 Alternatively, you may accept:

• if restocking is possible, an extension of the delivery terms offered by the Seller with indication of the new delivery term.

5.5 If a refund is requested for the payment made for the purchase of Products that then turned out to be unavailable, the Seller will make the refund within a maximum period of 20 days.

5.6 In the event that you exercise the right of termination referred to in art. 61, IV and V paragraph, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the

Product, shipping costs, if applicable, and any other additional costs, as shown in the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due pursuant to the provisions of the article ‘Payment Methods’ below.

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page that illustrates its main characteristics and the product’s ingredients according to the INCI nomenclature (Information Sheet). The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or computers you use to view them. The images of the Product present in the Information Sheet may also differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with the tolerances of use.

Art. 7. Prices

7.1 All prices of Products published on the Site are inclusive of Value Added Tax.

7.2 The Seller reserves the right to modify the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time of placing the order and that any subsequent variations (increase or decrease) will not be taken into account after the transmission of the same.

7.3 Shipping costs are expressly and separately indicated in the order form, before the user proceeds with its transmission.

Art. 8. Purchase Orders

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to You at the time of shipment, which is understood as the moment of

delivery of the Product to the carrier. The risk of loss or damage to the Products, for causes not attributable to the Seller, however, will be transferred to You when You, or a third party designated by You other than the carrier, physically takes possession of the Products.

The Service You have chosen will be provided only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after the submission of Your purchase order, it is determined that You have not paid the Total Amount Due in full.

8.2 The purchase contract is subject to termination in case of non-payment of the “Total Amount Due. Unless otherwise agreed in writing with You, the” order will consequently be cancelled.

8.3 To be able to submit a purchase order, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the “appropriate box present in the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will result in the” inability to make purchases on the Site.

Art. 9. Payment Methods

9.1 The following payment methods are accepted on the Site:

Payment card
PayPal.
9.2 The Seller accepts credit cards from the following circuits:

VISA
MasterCard (Cirrus Maestro)
PostePay
V-Pay
American Express
These are, in any case, indicated in the footer of every page of the Site.

On the Site, You will have the option to authorize the storage of the payment card data entered and their reuse for payment of subsequent purchases on the Site. You can revoke the authorization for the

reuse of payment card data for subsequent purchases by following the instructions on the Site.

The charge will be made only after (i) the data of Your payment card used for the payment has been verified and (ii) the issuing company of the payment card You used has given authorization for the charge.

The confidential data of the payment card (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if You choose to store such data on the Site, the data of Your payment card used for the payment of Products.

The “charge will be made at the time of transmission of the” order.

9.3 It is possible to make purchases on the Site also through the PayPal payment solution. If You choose PayPal as Your payment method, You will be redirected to the www.paypal.it site where You will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not store in any way the data of the payment card linked to Your PayPal account or the data of any other payment instrument connected to that account.

In case of payment through PayPal, the Total Amount Due will be charged by PayPal at the time of conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to You will be credited to Your PayPal account. The crediting times on the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of that account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, which You must contest directly with PayPal. Any type of refund to be made pursuant to

these General Terms and Conditions of Sale will be credited to Your PayPal account.

Art. 10. Delivery of Products

10.1 Deliveries of purchased Products are made in Italy, in the Member States of the “European Union and in the countries listed on the checkout page. The” obligation of delivery is fulfilled by transferring to You the material availability or control of the Product.

10.2 Shipping costs are at Your expense. They are indicated during the purchase process.

10.3 From the date of order placement, the Products will be delivered within 1-7 working days and, in any case, within thirty (30) days from the date of contract conclusion.

10.4 It is your responsibility to verify the condition of the delivered Product. While the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you other than the carrier, physically takes possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including in the closure materials. In your interest, you are invited to indicate any anomalies on the carrier’s transport document, accepting the package with reservation. If the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the regulations regarding the right of withdrawal (if applicable for the Product) and legal warranty of conformity remains valid.

Art. 11. Right of Withdrawal

11.1 If you are a consumer, you have the right to withdraw from the purchase contract of the Product (except for the GenericProductName) without providing any reason and without incurring costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of an order relating to one or more Products, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products; or

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

11.2 To exercise the right of withdrawal, you must inform the Seller of your decision to withdraw before the expiration of the Withdrawal Period.

11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiration of the Withdrawal Period. This communication must be sent in the following way:

Email: customercare@inastra.com

Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period lies with you, it is in your interest to use a durable medium when communicating your withdrawal to the Seller.

11.4 In case of exercising the right of withdrawal, you must deliver the Product to the address that will be provided by the Seller following your communication via email and must include in the package the withdrawal form that will be sent to you.

11.5 The direct costs of returning the Products are at your expense, as well as the responsibility for their transport. It is advisable to insure the package, as if the Seller does not receive the Products or if they are damaged, the refund procedure will be interrupted.

11.6 If you withdraw from the contract, the Seller will proceed with the refund of the Total Amount Due, excluding delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which the Seller received the returned Products. The refund will be made using the same payment method used for the initial transaction.

11.7 The Seller reserves the right to reject the refund request for returned Products after receipt, if they are not in their original condition. Returned Products must be in perfect sellable condition: unopened and unused; with the protective film intact and sealed; and without any signs of wear, dirt, or manipulation.

11.8 In the event that the withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Seller will notify the user upon receipt of the Product, rejecting the withdrawal request.

11.9 In the case of partial withdrawal from Multiple Orders, the amount to be refunded to you will include only the Product subject to withdrawal, and the same method illustrated in the previous paragraphs will be applied.

Art. 12. Legal Warranty

All Products sold on the Site are covered by the Legal Warranty of Conformity provided for by articles 128-135 of the Consumer Code (Legal Warranty).

To whom it applies

The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made a “purchase on the Site for purposes unrelated to any” entrepreneurial, commercial, artisanal, or professional activity they may carry out.

When it applies

The Seller is responsible to the consumer for any lack of conformity of the Product that becomes apparent within two years of delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.

Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within six months of delivery of the Product existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the seventh month after the delivery of the Product, it will be the consumer’s responsibility to prove that the lack of conformity existed at the time of delivery.

To benefit from the Legal Warranty, the consumer must first provide proof of the date of “purchase and delivery of the goods. It” is advisable, therefore, that the consumer, for the purpose of such proof, keeps the purchase invoice or any other document that can attest to the date of “purchase (for example, the” statement of the payment card) and the date of delivery.

In case of termination of the contract, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the

Product, shipping costs, and any other additional costs. In case of price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the payment method or solution used by the consumer for the purchase.

The Seller is not responsible for damages of any nature resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, nor in case of damages resulting from fortuitous events or force majeure.

Art. 13. Applicable law and jurisdiction; out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution

13.1 Purchase contracts concluded through the Site are governed by Italian law. The “application of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved for consumer users who do not have their habitual residence in Italy”.

1 3 . 2 It is reminded that in the case of a consumer user, for any dispute relating to the “application, execution, and interpretation of this document, the court of the place where the” user resides or has elected domicile has jurisdiction.

13.3 Pursuant to “art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the” user who qualifies as a consumer as per “art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that they have submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arisen, the Seller will provide information about the” body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms of Sale (ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.

13.4 The Seller also informs the “user who qualifies as a consumer as per” art. 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 can consult the” list of ADR bodies, find the link to the website of each of them and initiate an online dispute resolution procedure in which they are involved.

13.5 In any case, the right of the “consumer user to bring the dispute arising from these General Terms of Sale before the competent ordinary court, whatever the” outcome of the out-of-court dispute resolution procedure relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, is reserved.

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

Art. 14. Customer Service and Complaints

It is possible to request information, send communications, request assistance, or submit complaints by contacting the Seller through the following methods:

• by email, at the following address: customercare@inastra.com .
The Seller will respond to submitted complaints within 5 days of receiving them.

Art. 15. Intellectual Property Rights

The Site and the content published therein are protected by Intellectual Property; In Astra ® is a registered trademark. The Seller is the owner and licensee of the intellectual property rights present on the Site. The consumer user’s only right to use the intellectual property present on the Site is limited to accessing and visiting the Site as well as observing its contents. Any other use of the content published on the Site must be authorized by the Seller.