TERMS AND CONDITIONS

Terms and Conditions

(1) GENERAL

The following Terms and Conditions (hereinafter referred to as Terms) apply to all orders placed over the Internet to Elledue Sagl, trading products branded UPP^a®, included the orders placed by clients with residence in the United States of America (USA). Parties involved in following terms are:

Elledue Sagl – via al lido, 8 – 6817 Maroggia (Val Mara), Switzerland – VAT code CHE – 164.321.973 (hereinafter referred to as Company), contactable for any query also via email at [email protected] and at telephone nr. + 41 (0)76 480 9289

and

The Person or Organization placing the order to Elledue Sagl (hereinafter referred to as Client), identified by data he/it inserted in the order form in the internet website of the Company

By placing an order to Elledue Sagl the Client accepts the Terms, that he has to read and specifically confirm while placing the order in the internet website of the Company. Such Terms do not affect Client’s statutory rights. If Client has got any query, he may contact the Company.

(2) EXECUTION OF AGREEMENT

The order of the Client will be considered as a purchase offer. Before submitting the order the Client has to check that any information contained in such order in the Company’s order review or shopping cart is correct. When Client sends an order to the Company, the Company will send Client an e-mail to confirm such order and explain all relevant details; such purchase agreement shall be deemed as executed upon receipt of above mentioned Company’s confirmation.

Together with the order confirmation, Client will receive again the link for downloading a copy of the present Terms. Company’s ability to fulfill Client’s order is conditional on the Company too being correctly supplied, within the correct timeframe; furthermore, the actual availability of the ordered goods may be impaired because of the contemporary use of Company website by a plurality of users. If the ordered goods are not available in whole or in part, Company will inform the Client by e-mail before the shipment. In case the goods are not available in whole, Client’s order shall be automatically deemed as cancelled. In case the goods are not available in part, Client’s order will be automatically changed accordingly; Company will notify the Client about such change before the shipment and the Client will have the faculty to cancel such order within 48 hours from Company’s notice. The Company will immediately return any sum paid in advance that will result due pursuant to the cancellation in whole or in part of the Client’s order.

Both the Client and the Company will have no right to claim for any damage or compensation due to partial or total cancellation of the order.

(3) PRICES AND PAYMENTS

All prices on UPP-a.com online shop are shown in EUR (Euro) currency. Prices are charged to Client including due VAT if delivery is requested by Client and takes place in the EU territories. Prices are charged to Client without VAT due by Client if delivery is requested by Client and takes place outside the EU territories.

Prices never include import duties, if any, and shipping costs. Shipping costs will be calculated separately and will be shown in the Company’s order confirmation. Import duties, if any, and VAT due by the Client for deliveries outside the EU territories will be charged to Client by the carrier. Company is entitled to change prices at any time, provided that Client will be charged with prices set out on Company website at the time of the receipt of the Client’s order. Shipping costs may be added to these prices. Shipping costs information is displayed on Company website, and can be checked at the time of ordering. Payment must be done solely by credit card. Company accepts payment only by VISA, Mastercard and PayPal.

Security of Client’s card is very important to the Company. All financial information relating to the Client’s transaction is transmitted directly via a secure connection by the encrypted protocol navigation of the entity that manages the elctronic payment. With this system, Client’s data, name, address and card number are coded and transmitted safely via the Internet. During transfer, no third party can read such information. The Company too cannot have access to the these data. In no event the Company may therefore be held responsible for any fraudulent or improper use of credit cards by unfair third parties.

(4) DELIVERY

Company shipping partner is GLS. Once the ordered items have left the Company, Client will receive an email containing an air waybill number to track shipment and delivery progress online. Company standard delivery times are the following: ITALY = 1/2 working days EU TERRITORIES = 2/5 working days EXTRA EU TERRITORIES = 5/10 working days **

IMPORTANT: All delivery times set forth above start from the date of the Company shipment confirmation by e-mail. It must be considered that before Company dispatch Client’s purchases, it may need to confirm Client’s details with Client’s card issuer and it can takes approximately 24 hour. The delivery times set forth above are approximate and not binding; Company will not be liable for any delay with regard to such delivery times.

** excluding delays due to customs clearance

(5) DAMAGES DURING SHIPPING – IMPORTANT

Notwithstanding all precautions, packages and/or their contents may get damaged in transit. Should this happen, Client is requested to implement the following procedure: breakages should initially be announced and registered with the courier upon receipt of the goods. Client should then inform the Company immediately thereafter. If Client intends to return damaged goods, the Company is to be informed in advance via customer care form, e-mail or phone.

(6) RETURNS

Client can try his purchased items in the comfort of his own home. Within 14 days from receipt Client may notify to Company that he wishes to return such items, by emailing the following address: [email protected]. The Shipment organization and cost to return the purchased items is to the Client side and charge. In the email announcing the return, Client must show the order number and the carrier he will use. If Client wants to take advantage of Company support to organize return’s shipment, he has to mention it in the email announcing the return. In this case the Company will be authorized to deduct the cost for return’s shipment, which the Client can see an indicative information for in the Company website, from reimbursement of the amount collected for the item’s purchase.

Upon receipt of the email from Client announcing the return, the Company will send out an e-mail confirmation with all details, documents to ship with Client’s purchase, the shipping cost to return in case Client has decided to use the carrier requested to the Company and the procedure to follow. Client would be requested to specify the reason of the return in order to help the Company to improve its service. After Company confirmation, Client will need to call the carrier to collect the package at his address. Client’s refund will be credited to the original payment method; due to varying processing times between payment providers such refund may take approximately up to 10 working days to be received and shown on Client account. Duties, if any, are to Client’s charge.

This clause (Returns) is expressly applicable to Clients with residence in the United States of America (USA) too.

IMPORTANT: Client is requested to make sure the items are returned new, unused, in the original UPP^a® box, with original labels and a copy of the purchase receipt. Returns that do not meet Company policy will not be accepted and will be sent back to the Client to his charge. Client can contact Company customer care team by emailing [email protected] for any further questions.

(7) WARRANTY

The characteristics of the ordered goods are those set out in Company website and order confirmation. Any description of the products included in UPP^a® brochures, catalogues, circulars, newsletters, advertisements, are of a purely informative nature. The products offered are posted on the Internet site as clearly as possible. Company has attempted to portray the colors of its products in a realistic manner, however it cannot guarantee that the colors as seen on Client’s computer match those of the real products, due to the individual nature of Client’s screen graphics or printer.

Company guarantees that the ordered goods are of good materials and workmanship, free from defects and suite the purpose they are created for. Client is entitled to exercise his rights relating to such guarantee if the lack of conformity appears within 2 (two) years from the delivery of the ordered goods and if he has notified the Company about such lack of conformity within 2 (two) months from its discovery. Such guarantee does not apply to wear and tear or in case of improper use or storage of the goods. Client is requested to accompany his written intention to exercise his right relating to such garantee with a picture where the defective point is marked with a sticker. Client must report in his message a short written description of the problem. Client should then remember to include his full name, address, telephone number and e-mail.

Upon recipt of the authorization to return the product because the Company has considered it can be faulty, the Client has to pack it and send back to the Compnay by registered mail or carrier, making sure to keep the shipment receipt All freight costs related to returning items for substitution are to the Company expense. As soon the Company receives Client’s faulty item, the Company will check the defect and substitute it at his cost and expenses.

(8) PRIVACY

Client can get informations on the procedure the Company adopts to deal with his personal data, checking the Company Privacy Policy in the Company website

(9) MISCELLANEOUS

Swiss Law governs on an exclusive basis all contractual conditions between Elledue Sagl and the Client. Commercial UN law is not applicable. For all controversies arising from or in connection with Client’s order shall be submitted to the Courts of Lugano (Switzerland) as the sole competent jurisdiction; notwithstanding .the above, Elledue Sagl shall have the option to bring proceedings in front of the Courts of the Client’s residence place. In the case a clause of the present Terms were to be deemed as void or ineffective, the validity of all other clauses will not be affected.

To resolve online disputes, Clients may refer to the European platform of the Online Disputes Resolution (ODR).