GENERAL TERMS AND CONDITIONS OF SALE. The Buyer expressly states to make purchases for purposes outside the trade or professional activity exercised.

Transcription

1 Page 1 GENERAL TERMS AND CONDITIONS OF SALE The Buyer expressly states to make purchases for purposes outside the trade or professional activity exercised. Supplier Identification The goods covered by these general terms and conditions are sold by O bag factory Spa with registered office in via Galvani no. 1, Campodarsego (PD), registered at the Chamber of Commerce of Padua at no. PD of the Business Register, Tax Code and VAT no. IT , hereinafter referred to as the "Supplier" 1) DEFINITIONS 1.1 For the purposes of these General Terms and Conditions of Sale (hereinafter referred to as the "General Conditions"), the terms hereunder shall have the following meanings: i. "Seller": O bag factory Spa with headquarters in via Galvani no. 1, Campodarsego (PD), VAT No. IT ; ii. "Buyer" shall mean any person who makes purchases online on the website iii. "Buyer Consumer" shall mean any natural person who acts for purposes other than the entrepreneurial, trade, craft or professional business activities conducted pursuant to art. 3, letter a) of the Italian Consumer Code; iv. "Professional Buyer" shall mean any natural or legal person who acts in the exercise of their entrepreneurial, trade craft or professional business activities or their intermediaries, pursuant to art. 3, letter c) of the Italian Consumer Code; v. "Products" shall mean the goods manufactured, assembled and/or sold by O bag factory Spa; vi. "Order(s)": each proposal for the purchase of Products submitted by the Buyer to O bag factory Spa through the Website vii. "Sale(s)": the distance selling contract concluded between O bag factory Spa and the Buyer through the website following receipt by the Buyer of the Order's acceptance from O bag factory Spa; viii. "Price" shall mean the price of the Products; ix. "Trademarks": all trademarks legally held by O bag factory Spa; x. "Intellectual Property Rights": shall mean all intellectual and industrial property rights which O bag factory Spa owns or has legally available, including, without limitation, any rights relating to: patents for inventions, designs, utility models, trademarks, know-how, technical specifications, data, whether these rights have been registered or not; as well as any claim or registration relating to said rights and any other similar right or form of protection of a similar nature or having equivalent effect

2 Page 2 2) SUBJECT OF THE CONTRACT 2.1 These General Terms and Conditions, known and approved by the Buyer, shall govern the Sale of Products on the website, as well as browsing by the Buyer on the site. 2.2 Any purchase of Products or Services made through the Site by a Buyer, acting as a Consumer, constitutes a distance contract governed, in addition to the Contract, also by Chapter I, Title III (art. 45 et seq.) of the Italian Consumer Code and Legislative Decree no. 70/2003, as applicable These General Terms and Conditions solely and exclusively govern the aforedescribed sales, but do not constitute nor permit the Buyer to claim further relations with the Seller concerning, by way of example, agencies, sales concession, supply, affiliation, profit sharing agreement, obligation to sell or buy, obligation to set up companies Any and all changes to the General Terms and Conditions must be agreed n writing between the Buyer and the Seller and duly signed by both The Buyer agrees to view, before confirming their Order, these General Terms and Conditions of Sale and, in particular, the pre-contractual information provided by the Seller, and to accept them by ticking the box specified Any purchase of Products performed by a Buyer Consumer shall be governed by, in addition to the General Terms and Conditions of Sale, also from the provisions of the Italian Consumer Code and Legislative Decree no. 70/2003, as applicable, while any purchase of the Product performed by a Professional Buyer will be governed solely by the General Terms and Conditions of Sale as well as the provisions of the Italian Civil Code, for any provision herein not included. 3) PRECONTRACTUAL INFORMATION FOR THE CONSUMER PURSUANT TO ART. 49 OF ITALIAN LEGISLATIVE DECREE 206/2005 AS AMENDED 3.1. Prior to concluding the Sale, the Buyer shall read the features of the Products that are described in the individual sheets published on the website at the time of choosing the Products Prior to concluding the Sale and validating the Order, the Buyer shall be adequately informed about: - the Price of the Products, including taxes, detailed shipping costs and any other costs; - the method of Price payment; - the term within which the Seller undertakes to deliver the Products; - the terms, conditions and methods to exercise the right of withdrawal and the type of withdrawal form set out in annex I, part B of the Italian Legislative Decree 21/2014;

3 Page 3 - the fact that the Buyer must bear the cost of returning the Products in case of withdrawal; -the existence of the legal compliance warranty for the Products purchased At any time and in any case before the concluding a Sale, the Buyer may take note of information relating to the Seller as shown below: O bag factory Spa Registered Office via Galvani no. 1, Campodarsego (PD) Tel address customerservice@obag.eu 3.4. To purchase the Products through the website, the Buyer must: - Be an adult; - Possess the legal requirements necessary to enter into legally binding contracts; - Be legally able to sign a contract; - Own a valid address; 4) SALES CONTRACT. ORDER AND ACCEPTANCE. TRANSFER OF PROPERTY 4.1. The Sale is concluded exclusively through the Internet, by accessing and registration of the Buyer on the website and by making a Purchase Order in accordance with the procedure provided on the website The Sale is deemed to have been completed following the Seller's acceptance of the Order through a document generated by the site or by sending a confirmation The document referred to in art contains the Buyer's details and Order number, Purchased Product Price, shipping costs and delivery address to which the Products will be sent, as well as the link to print and store a copy of these Terms and Conditions, as provided by art. 51 paragraph 1 of Italian Legislative Decree 206/2005, amended by Italian Legislative Decree 21/ The contract is not considered concluded and effective between the parties if in default of the provisions of the previous paragraph The Seller undertakes to describe and present the Products marketed on the website in the best possible way. However, the Seller warns that some errors, inaccuracies or small differences may arise between what is posted on the website and the actual product. The product photographs published on the website are not a contractual feature, as they are only representative of the Products marketed The Seller undertakes to deliver the Products within 30 days of the Seller's acceptance of the Order.

4 Page Except as provided for withdrawal by the Buyer Consumer, the Orders regularly accepted by the Seller may not be cancelled by the Buyer without the Seller s written consent Ownership of the Products is transferred to the Buyer upon the Buyer's full payment of the Price The Buyer is forbidden to resell the Products, including the on line sale of the Products. 5) PURCHASE LIMITATIONS For all purchases made on the website there are limitations to the number of products that can be ordered by the Customer for each individual article for single orders. If, for causes not attributable to the Seller, a customer's order confirmation is sent to the customer but does not comply with the aforementioned limits, the Seller reserves the right to unilaterally cancel the order in question. Following the order cancellation notice the amount paid by the Customer at the time of the order will be returned. 6) METHOD OF PAYMENT AND REFUND 6.1 Any payment by the Buyer may only be effected by means of one of the methods specified on the Supplier s relevant web page. 6.2 O bag factory Spa accepts the following payment methods: - Credit Cards and prepaid cards One can buy online and conveniently pay with VISA, VISA Electron (e.g. PostePay) and Mastercard credit cards and prepaid cards. - Paypal This online shop uses the PayPal payment system. All credit card data will be sent through a secure server that uses a system with the best security standards to handle sensitive information online. The seller will never have access to the customer's credit card details, but will only be able to manage information (such as name, surname, address) required to ship the product to the delivery address. For more information, visit the website - O Bag Gift card 6.3 Any repayment to the Buyer will be credited through one of the methods proposed by the Supplier and chosen by the Buyer in a timely manner and, in the event the right of withdrawal is exercised, as governed by Clause 13 article 2 and following this contract, maximum within 14 days from the date the Supplier is informed of the Customer's decision to withdraw from the contract.

5 Page All payment notifications shall occur on the Supplier s dedicated line, protected by an encryption system. The Supplier ensures the storage of this information with an additional level of security encryption and in compliance with the provisions concerning the protection of personal data. 7) DELIVERY METHODS AND TIMES 7.1 The Supplier shall deliver the selected and ordered products in the manner selected by the Buyer or indicated on the website at the time of the supply of the goods, as confirmed in the notice referred to in article Shipment times may vary from the day of the order to a maximum of 30 working days from confirmation. In the event that the Supplier is not in a position to make a shipment within said deadline but, however, within the time indicated in the next article, prompt notice will be provided to the Buyer. 7.3 The methods, time and cost of shipping are clearly specified on the website The Products will be accompanied by an invoice issued by the Seller. 7.5 In the case of a Buyer Consumer, pursuant to art. 63 of Italian Legislative Decree 206/2005, the risk of loss of or damage to Products, for causes not attributable to the Seller, is transferred to the Customer when the latter or a third party designated by them takes physical possession of the Products ordered. 7.6 In the case of a Professional Buyer, the risk of loss or damage of the Products, for causes not attributable to the Seller, is transferred to the Customer when the Products are delivered to the carrier or shipping company. The Professional Buyer cannot be held liable for the Seller, if the Products do not arrive at their destination or arrive damaged, so much so that they cannot be used, due to loss or damage to the Products during transport. 7.7 In the case referred to in the preceding paragraph, the Professional Buyer is not entitled to any refund of the Price paid in advance for shipment. 7.8 Any change in the place of destination communicated by the Buyer after the Order is sent shall not be binding on the Seller if not accepted in writing by the latter. 7.9 Product delivery terms that are less than 30 days, wherever annotated, are merely indicative for the Seller and are not essential terms pursuant to art of the Italian Civil Code; the Seller may reasonably delay or postpone the delivery of all or part of the Products up to 30 days from the date of acceptance of the Order, without this entitling the Buyer to request total or partial resolution of the sale, or the payment of compensation or indemnity, or the right to invoke the Seller's liability for other reasons Upon receipt of the ordered Products, the Buyer is required to verify: a. if the number of packages delivered corresponds to that indicated on the transport document; b. if the packaging is intact;

6 Page 6 c. If the delivered Products comply with the Order acceptance. The Buyer shall sign the delivery note indicating "subject to checks on the integrity of the products; in the absence thereof, the Buyer cannot subsequently dispute the nonconformity of the Product and its quantity compared to what was ordered The Seller cannot be held liable for any delays or failure to deliver the Products due to circumstances beyond their control, such as, but not limited to, the following: a) Inadequate technical data or inaccuracies or delays of the Buyer in sending the information or data necessary to the Seller for the shipment of the Products; b) Difficulties in obtaining supplies of raw materials; c) Issues relating to production or Order scheduling; d) partial or total strikes, lack of electricity, natural disasters, measures imposed by public authorities, difficulties in transport, causes of force majeure, such as exemplification, disorder, terror attacks, wars; e) delays by the carrier or shipping company In the case of delays not attributable to the Seller, the Buyer shall not be entitled to the refund of the Price paid before shipment Delays in delivery of Products for the reasons referred to in art do not entitle the Buyer to claim compensation for any damage or indemnity of any kind. 8) PRICES 8.1 All sales prices of the products shown and specified on the Internet site are expressed in Euro and are offered to the public pursuant to art of the Italian Civil Code 8.2 The sales prices, referred to in the previous paragraph, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if any, although not included in the purchase price, shall be indicated and calculated in the purchase procedure prior to the Buyer forwarding the order, and also be contained in the web page summarising the order. 8.3 The prices indicated for all the goods offered to the public are valid until the date indicated on the site. 8.4 The Buyer acknowledges the Seller's right to change the Product Price at any time. However, the Products purchased are sold on the basis of the Price stated in the Order and the Seller's acceptance. 9) PRODUCT AVAILABILITY 9.1 Via the electronic system used, the Supplier ensures the execution and fulfilment of orders without delay. For this purpose, the Supplier shall indicate the number of products available and those not available, as well as delivery times, in the product sheets in real time. The availability indicated when the Order is executed must however be considered purely indicative since, as a result of the

7 Page 7 simultaneous presence on the site of multiple users, the Products could be sold to third parties prior to the acceptance of the Order. 9.2 If the order of a product exceeds the quantity available in the warehouse, the Supplier shall notify the Buyer by if the product chosen is no longer bookable or the waiting period to obtain it, asking if the Buyer intends to confirm the order or not. 9.3 In the event of partial unavailability of the Products, the Buyer may request the cancellation of the Order within 8 days of receiving the Seller's , and the latter shall reimburse the amount paid within 14 days from the date on which they were aware of the Buyer's decision to terminate the Sale. 10) LIMITATIONS OF LIABILITY 10.1 The Supplier assumes no liability for any service charge due to force majeure if it fails to execute the order within the terms provided by the contract The Supplier may not be held liable to the Buyer, except in the case of gross negligence or serious misconduct, for disruptions or malfunctions related to the use of the Internet outside its control or that of its sub-contractors Furthermore the Supplier shall not be liable for any damage, losses and costs incurred by the Buyer as a result of the non-performance of the contract for causes which are not attributable to them; the Buyer is entitled only to the full refund of the price paid and any additional charges incurred The Supplier assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, of credit cards, cheques and other means of payment, upon payment of the products purchased, if they prove that they have implemented all possible precautions, based on best available knowledge and experience/expertise as well as ordinary diligence The Buyer shall in no event be held liable for delays or disqualifications in payment if it proves that payment was made under the terms and in the manner specified by the Supplier. 11) RESPONSIBILITY DUE TO DEFECT, PROOF OF DAMAGES AND RECOVERABLE DAMAGES: SUPPLIER OBLIGATIONS Pursuant to article 114 et seq. of the Italian Consumer Code, the Supplier is liable for damages caused by defects in the goods sold if it fails to inform the damaged party, within three months of the request, of the identity and domicile of the manufacturer or the person who supplied the goods The aforementioned request, by the injured party must be made in writing and indicate the product causing the damage as well as place and date of purchase; it must also contain the product offer showing the product, if it still exists.

8 Page The Supplier cannot be held liable for the consequences of a defective product if the defect is due to a product conformity with an imperative legal rule or binding provision, or if scientific and technical knowledge did not consider the product to be defective at the time when the manufacturer marketed the product No compensation will be due if the injured party was aware of the product defect and of the resulting danger and nevertheless voluntarily exposed themselves to it In any case, the damaged party will have to prove the defect, damage, and the causal connection between defect and damage The injured party may claim compensation for damages caused by death or personal injury or the destruction or deterioration of something other than the defective product as long as it is of a type usually intended for private use or consumption and thus mainly used by the injured party Damage to things referred to in art. 123 of the Italian Consumer Code will, however, be refundable only to the extent that they exceed the amount of Euro three hundred and seventy-seven (Euro 387). 12) WARRANTIES AND ASSISTANCE PROCEDURES 12.1 The Supplier shall be liable for any product defect of conformity which occurs within two years from delivery For the purposes of this contract, it is presumed that consumable supplies comply with the contract if, where relevant, the following circumstances exist: a) they are suitable for use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the product qualities of the sample or model that the seller has provided to the consumer; c) they feature the normal quality and performance of goods of the same type which the consumer can reasonably expect, having regard to the nature of the goods and, where appropriate, public declarations on the specific characteristics of the goods made by the seller, manufacturer or their agent or representative, in particular in advertising or on labelling; d) they are also suitable for the consumer s particular intended use, of which the latter has informed the seller at the time of contract conclusion, and which the seller has also accepted for conclusive facts The Buyer shall cease to have any right if he fails to report the conformity defect to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller acknowledged the existence of the defect or concealed it In any case, unless proven otherwise, it is assumed that the conformity defects which occur within six months of delivery of the asset already existed on that date, unless

9 Page 9 this hypothesis is incompatible with the nature of the goods or with that of the conformity defect In the event of a conformity defect, the Buyer may request, alternatively and without charge, under the conditions specified below, the repair or replacement of the goods purchased, unless the request is not objectively impossible to satisfy, or it is too onerous for the Supplier pursuant to art. 130, paragraph 4 of the Italian Consumer Code; 12.6 The request must be made in writing, by Registered letter with return receipt to the Supplier, who shall state its availability to respond to the request, or the reasons preventing it from doing so, within seven business days of receipt. In the same notification, where the Supplier has accepted the Buyer's request, the former shall specify the shipping or replacement method of the good as well as the deadline for returning or replacing the defective good If repairs and replacement are impossible or excessively costly, or the Supplier has not repaired or replaced the goods within the period referred to above, or if the replacement or repairs previously made have caused significant disadvantages to the Buyer, the latter may request, at its discretion, a reasonable reduction in the price or termination of the contract. In said case, the Buyer shall send its request to the Supplier, who shall state is availability to respond to the request, or the reasons preventing it from doing so, within seven business days of receipt In the same notification, where the Supplier has accepted the Buyer's request, the former shall indicate the reduction of the proposed price or the manner in which the defective goods must be returned. In said situations, the Buyer shall be responsible for accrediting the amounts previously paid by the Supplier. 13) BUYER OBLIGATIONS 13.1 The Buyer agrees to pay the price of the purchased item according to the times and the manner specified in the Contract The Buyer undertakes to print and file this contract once the on line shopping procedure has been completed The information contained in this contract has however, already been read and accepted by the Buyer, who acknowledges this as a mandatory step prior to purchase confirmation. 14) RIGHT OF WITHDRAWAL 14.1 In any event, the Buyer has the right to withdraw from the contract without any penalty and without specifying the reason within 14 (fourteen) working days from the day of receipt of the goods purchased In the event the Buyer decides to avail itself of the right of withdrawal under the above specified terms, it may:

10 Page 10 - use the withdrawal form, in accordance with annex B of Italian Legislative Decree no. 21/2014 and available here (link to the form) to be sent electronically to customerservice@obag.eu; - submit any other explicit statement of its decision to withdraw from the contract containing the order number, item code, and the express declaration that it intends to exercise the right of withdrawal. Following said notification, return authorisation shall be sent by . The goods must be shipped to O bag factory Spa, c/o via Austria 17, 35127, Padua - Italy Delivery of the goods shall, however, occur without undue delay and in any case within fourteen days of the date on which the Seller has notified its decision to terminate the contract. In order, however, to be entitled to full refund of the price paid, the good must be returned intact and in normal condition The Supplier shall refund all payments received by the consumer without undue delay and in any case within fourteen days of being informed of the consumer's decision to withdraw from the contract. The refund will be made using the same payment method used by the consumer for the initial transaction The sole expenses incurred by the consumer in the exercise of the right of withdrawal under this item are the direct costs of returning the goods to the Supplier Upon receipt of the notice communicating the Buyer s right to exercise the right of withdrawal, the parties to this contract shall be released from mutual obligations, subject to the provisions of the preceding paragraphs of this article. 15) PRODUCT CHANGE 15.1 Within 14 days of receipt of the goods, the Buyer is entitled to exchange the goods purchased with one or more different articles. In this case, the Buyer shall pay the costs of returning the goods to be exchanged and the shipping costs of the new goods to be received The exchange request can be made by writing an to customerservice@obag.eu. This must include the order number and item code, and explicitly state whether the Buyer intends to change an item(s) The returned article can be shipped by courier or ordinary post attaching proof of online purchase The goods must be shipped to O bag factory Spa, c/o via Austria 17, 35127, Padua - Italy O bag factory Spa reserves the right not to exchange damaged or obviously used goods. 16) REASONS FOR TERMINATION 16.1 The obligations set out in article 12.1, undertaken by the Buyer, as well as the payment guarantee by the Buyer with the means provided for in art. 5.1, and also

11 Page 11. the fulfilment of the obligations assumed by the Supplier in article 6 are essential, so that by express agreement, failure to fulfil only one of said obligations, if not determined by fortuitous events or force majeure, shall result in the termination of the contract law pursuant to art.1456 of the Italian Civil Code without the need for judicial decision. 17) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF THE BUYER S DATA 17.1 The Supplier protects the privacy of its customers and ensures that data is processed in compliance with the provisions of the privacy laws set out in Italian Legislative Decree 30 June 2003, no Personal and fiscal data acquired directly and/or through third parties by the Supplier O bag factory Spa, the Data Processor, is collected and processed on paper, by computer or electronically, in relation to the processing methods with the purpose of recording the order and enable the procedures for the performance of this contract and related necessary communications, in addition to the fulfilment of any legal obligations, and to enable effective management of business relations to the extent necessary to best perform the required service (art. 24, paragraph 1, letter b, of Italian Legislative Decree no. 196/2003) The Supplier undertakes to treat the Buyer s data and information in a confidential manner and not to disclose it to unauthorised people or to use it for purposes other than those for which it has been collected, or to send it to third parties. Said data may be shown only at the request of the judicial authority or other authorised law enforcement authorities Personal data shall be communicated, upon signature of a confidentiality commitment, to only those delegated to carry out the activities required to execute the contract, and communicated solely for this purpose The Buyer benefits from the rights referred to in art. 7 of Italian Legislative Decree 196/03, and namely: the right to obtain: a) updating, rectification or, where relevant, integration of data; b) the cancellation, transformation into anonymous form or blocking of processed data in violation of the law, including that for which no storage is required in relation to the purposes for which the data was collected or subsequently processed; 1 General Provision of the Authority for the Protection of Personal Data "Simplification of Certain Public and Private Obligations with regard to Processing for Administrative and Accounting Purposes of 19 June 2008, published in the Official Journal of 1 July 2008, no General Provision of the Authority for the Protection of Personal Data "Practical Guide to Simplification Measures for Small and Medium Business" of 24 May 2008, published in the Official Journal of 21 June 2007, no

12 Page 12. c) the certification that the operations referred to in letters (a) and (b) have been made known, including in terms of their content, to those to whom the data has been communicated or disseminated, except where said fulfilment is impossible or involves the use of means manifestly disproportionate to the protected right. The data subject also has the right to oppose, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning them, even though it is relevant to the purpose of collection; ii) to the processing of personal data concerning them for the purpose of sending advertising or direct sale material or for the purpose of market research or commercial communication Communication of the Buyer s personal data is a necessary condition for the proper and timely execution of this contract. In default, the Buyer's request may not be acted upon In any case, the acquired data will be stored for a period of time not exceeding that required for the purposes for which it was collected or subsequently processed. However, its removal shall occur in a secure manner The Data Controller is the Seller, and the Buyer can address any request to the Company's headquarters for his attention Any communications sent to the Centre mail and addresses (requests, suggestions, ideas, information, materials, etc.) shall not be considered confidential information or data; shall not violate anyone's rights and shall contain valid, true information, which does not violate other people s rights; no liability may, however, be attributed to the Responsibility Centre on the contents of the messages themselves. 18) PROCESS FOR STORING THE CONTRACT 18.1 Pursuant to art. 12 of Italian Legislative Decree 70/03, the Supplier informs the Buyer that any order sent is stored on digital/paper format on the server/at the Supplier's offices on the basis of confidentiality and security. 19) COMMUNICATIONS AND CLAIMS 19.1 Written notices addressed to the Supplier and any complaints shall be deemed valid only if sent to the following address: O bag factory Spa, via Galvani no. 1, Campodarsego (PD) or ed to the following address: customerservice@obag.eu. In the registration form the Buyer specifies its domicile, telephone number or address to which the Supplier's communications are to be sent. 20) ACCESS TO THE INTERNET SITE 20.1 The buyer may use the site for consultation and purchase of the Products. No other use, in particular commercial, of the site or its contents, is permitted.

13 Page The Seller does not permit or authorise the reproduction or alteration of the Internet site. All rights, including copyright on the website and its content, are the Seller's responsibility. 21) INTELLECTUAL PROPERTY RIGHTS. TRADEMARKS The Buyer acknowledges that the Intellectual Property Rights and Trademarks are legitimately available to the Seller The Buyer undertakes not to act in breach of Seller s Trademark Rights, Intellectual Property Rights, or the rights of their owner, if not the Seller The Buyer is prohibited from: (i) using or registering, trademarks, name or corporate name, domain names, or other distinctive sign, as well as identical or similar trademarks which can be confused with the Trademarks; (ii) using or recording drawings, models, inventions, works that are identical, similar or in contrast with the Intellectual Property Rights The Buyer is expressly prohibited from removing, suppressing or otherwise altering the Trademarks and other distinctive signs affixed to the Products, as well as affixing new marks or distinctive signs of any kind. 22) PROTECTION OF PERSONAL DATA - COOKIES The information provided pursuant to art. 13 of Italian Legislative Decree no. 196 of 30 June 2003 (so-called Code regarding the Protection of Personal Data) is to be considered an integral part of these General Terms and Conditions of Sale For information relating to the processing of personal data provided by the Buyer at the time of registration to the site or later, please refer to article ) GENERAL If one or more of the provisions of these General Terms and Conditions of Sale are considered invalid or declared invalid pursuant to the law, or following a court decision, the other provisions shall continue to be fully enforceable and effective. The General Terms and Conditions of Sale are written in Italian with English translation. 24) APPLICABLE LAW AND JURISDICTION 24.1 The contract is governed by Italian law For any dispute regarding the validity, effectiveness, interpretation or performance of each Contract as well as, in general, relating to browsing on the Site by the Buyer or the use of any functionality made available to the Buyer through the Site, the Court of Padua shall have exclusive jurisdiction, except in the case that the obligatory jurisdiction is the place of residence or elected domicile of the Customer who

14 Page 14. acts as a Consumer pursuant to the Italian Consumer Code. O bag factory Spa also informs the consumer that a European platform for online dispute settlement between consumers and business operators has been set up for a product or service purchased on line. To this end, a European Dispute Resolution platform has been set up (so-called ODR platform) available on ( Through the ODR platform, the consumer may submit a complaint about a contract concluded online with O bag factory Spa and thus activate the online dispute resolution procedure. In this regard, O bag factory Spa informs that its address is customerservice@obag.eu 25) FINAL CLAUSE This Contract repeals and replaces any prior written or oral contract, agreement and negotiation between the parties relating to the subject matter of this contract.