General Terms and Conditions of Sale

Society

• Name: ATLANTIC STARS LTD.
• Registered office: Via PADOVA, 74 35010 Vigonza (PD) - Italy
• VAT NO.: 05678120298
• Brands sold: Atlantic Stars, Atlantic Stars Kids

Definitions

1.1 The term "Online Sales Contract" means the contract drawn up between the Supplier and the Buyer in a sales system organized by the Supplier through teleinformatic devices.

1.2. The term "Buyer" means the consumer natural person or legal person who makes the purchase, referred to in this contract, for purposes unrelated to any commercial or professional activity carried out. In the event that the Buyer is a legal person (e.g., companies, retailers, etc.) acting for purposes indirectly and/or directly related to its commercial activity, it follows that the right of renunciation, also called withdrawal or more generically reconsideration, will not apply.

1.3. The term "Supplier" means. Atlantic Stars Ltd., the entity that promotes and offers for sale its tangible goods, described and presented on the Company's website.

Subject of the contract

2.1. Hereby, the Supplier offers for sale and the Buyer purchases at a distance the tangible goods marked with the trademarks Atlantic Stars e Atlantic Stars Kids.

2.2. The products offered for sale referred to in Article 2.1. of these conditions are illustrated on the Company's website.

2.3. After giving consent to the use of personal data and the use of photographic material, the Buyer acknowledges that he/she has read and accepts all the conditions of sale, payment and any other contractual conditions governed by this contract and put in place during the acquisition procedure.

2.4. The Buyer is not entitled to compensation for damages caused by the failure to approve, even if limited, an order.

2.5. The Buyer may purchase the products offered for sale by the Supplier at the time of placing the order and viewable on the Company's website as described in the relevant information sheets.

Arrangements for entering into the contract

3.1. The contract between the Supplier and the Buyer is concluded at a distance, solely through the Internet. Proceeding according to the indicated procedures, the Buyer will arrive at the formalization of the proposal for the purchase of the goods offered on the Supplier's site.

Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded by the proper finalization of the purchase order always after displaying an order summary web page, printable, in which the details of the ordering party and the order, the price of the product(s) purchased, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal are shown.

4.2. When the Supplier receives the order from the Buyer, it shall arrange for a confirmation e-mail to be sent or for a printable order confirmation and summary web page to be displayed, in which it is important that the data recalled in the preceding paragraph also be included.

Methods of payment and reimbursement

5.1. Payment by the Buyer may be made only by one of the methods indicated on the Supplier's web page.

5.2. Refunds to Buyer will be credited promptly and, in the event of the exercise of the right of withdrawal as governed by clause 11 et seq. of this contract, within 30 (thirty) days from the date on which Supplier became aware of the withdrawal.

Time and mode of delivery

6.1. The Supplier undertakes to deliver the products chosen and ordered, in the manner chosen by the Buyer at the time of offering the goods.

6.2. The Supplier will promptly deliver the purchased products by express courier.

6.3. In the event that in the same order there are items in stock and ready for delivery together with items to be ordered, the order will be delivered at one time, then upon arrival of the items not immediately available. The Supplier reserves the right to process orders even partially.

6.4. Direct and/or indirect damages for delayed delivery shall not be chargeable to the Supplier only if the delayed delivery is attributable to force majeure or fortuitous event.

6.5. In the event that multiple purchases are made, at the same instant (from multiple users), the Supplier reserves the right, once the order is received, to check the availability of the goods and, in the absence of the latter, to promptly notify the non-acceptance of the order sent.

6.6. In the event that the courier is unable to make the delivery due to the absence of the recipient, or because the destination facility is closed, a new delivery attempt will be made. In all other cases (rejected shipment, relocated customer, wrong address or inability to contact the customer to request pickup of the shipment) or if even the second delivery attempt is unsuccessful due to the fault of the consignee, the product will be sent back to the Supplier, at the expense of the consignee or the purchaser who will be given a voucher for the money advanced for the purchase of the good minus shipping costs.

6.7 Upon delivery of the goods, the Buyer shall check that the packaging is intact, undamaged or altered. It is advisable for the consumer to affix the words "WITH RESERVE OF CHECK" on the courier's proof of delivery in order to allow the Supplier to ascertain possible liability of the carrier in the event of external and manifest damage on the delivered package.

6.8. The Supplier requests that any problems inherent in the damage of the products received be reported within 2 (two) days of delivery, by promptly contacting Customer Service at the following email address: [email protected] which will open a file of damage, theft or anomaly necessary to ascertain any responsibility of the carrier and verify the presence, the extent of damage to the physical integrity of the products caused by transport, all of which must be documented with an image in digital format, to be attached to the communication addressed to the Supplier's Customer Service. Without prejudice to the Legal Warranty referred to in art. 132 co. 2 C.d.C. in the head of the consumer.

6.9. Shipping methods, times, and costs are shown and highlighted on the Supplier's website.

Prices

7.1. The sales prices of the products displayed and indicated are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code.

7.2. Sales prices are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges will be quantified promptly by Supplier in an order confirmation e-mail confirming receipt of Buyer's order.

7.3. The prices listed against each of the goods offered to the public are valid until the date indicated, and unless out of stock, on the Company's website.

Product availability

8.1. The Supplier shall ensure that orders are prepared and sent without any delay.

8.2. In the event that an order exceeds the existing quantity in the warehouse, the Supplier will, by e-mail, inform the Buyer whether the good is no longer available or what the waiting time is to obtain the chosen good, asking whether or not it intends to confirm the order.

Limitations of liability

9.1. The Supplier assumes no responsibility for inconvenience attributable to force majeure and accidental case and in the event that it fails to fulfill the order within the time stipulated in the contract.

9.2. The Supplier shall not be liable for damages, losses, and costs incurred by the Buyer as a result of failure to perform the contract for reasons not attributable to the Supplier.

Obligations of the Buyer

10.1. The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.

10.2. The Buyer agrees to arrange for the printing and storage of the contract once the telematic purchase procedure is completed.

Right of Withdrawal and Returns

11.1. The Buyer may not exercise the right of withdrawal, in accordance with Article 55 of the Consumer Code, in the following cases:

• For the supply of all custom-made and customized goods;
• for the supply of goods that by their nature cannot be returned, are likely to deteriorate or perish rapidly.

The Right of Withdrawal is not allowed to legal and natural persons acting for commercial purposes or otherwise related to their business activities, either directly or indirectly.

11.2. To exercise this right, Buyer shall simply send Supplier a notice within 14 days from the date of receipt of the chosen products. This notice shall be sent by registered letter with return receipt addressed to:

Atlantic Stars srl, Via Padova, 75, 35010 Vigonza (PD), VAT 05678120287

Once the Supplier receives the withdrawal form, customer service will notify the Buyer of receipt and instructions for proceeding with the return of the goods.

11.3 The right of withdrawal, if granted, shall be subject to the following conditions:

• the right applies to the purchased good in its entirety, as the right of withdrawal cannot be exercised on part of the purchased product;
• the purchased product must be intact and returned in its original packaging, complete in all its parts, with packaging and ancillary documentation;
• the Supplier is not liable for damage, theft or loss of goods returned in uninsured shipments;
• as soon as it arrives at the warehouse, the product will be carefully analyzed for any damage or tampering not resulting from transportation.
• Except for possible restoration costs for proven damage to the original packaging, the Supplier will refund the customer the full amount paid within 14 days.

11.4. The right of withdrawal lapses for lack of integrity of the goods (packaging and/or its contents), in cases where the Supplier ascertains:

• The lack of outer and/or inner packaging;
• The lack of integral elements of the product;
• The lack of the label no longer attached to the product;
• The damage to the property.

If the right of withdrawal is forfeited, the Supplier will return the purchased goods to the sender, charging the Purchaser for shipping costs and without returning the value of the goods already paid.

11.5 Items must be received by the Supplier intact and undamaged in their original packaging. Under no circumstances will unauthorized returns or returns in makeshift packaging be accepted; in addition, returns regarding products that tend to deteriorate will be authorized and accepted.

11.6. The procedure for replacement of a product or its component may be activated only with the occurrence of one of the following hypotheses (without prejudice to what is provided for in case of lack of conformity by Articles 128 et seq. Consumer Code):

• A product other than that selected by the Buyer has been mistakenly shipped by the Supplier and, therefore, not on the Buyer's order. Should this mishap occur, the Buyer should not open the package and report the error to the Supplier;

11.7 In the event that the Buyer makes use of the right of withdrawal or activates the request for replacement of an item, before arranging the return shipment, the Buyer is obliged to contact the Supplier's Customer Service via e-mail.

In any case, it is necessary to prepare the following documents and data:

• Original invoice (order number, invoice number, customer code number);
• in case of partial withdrawal, in addition to the purchase invoice, the item identification code;
• specify, especially if you prefer to get a refund of the total amount or a replacement of the item.

11.8. In case of Withdrawal:

• The product must be returned to the carrier, in the original packaging;
• The product must not have been used;
• label must still be attached to the product;
• in the case of making a return of multiple items, the return shipment must be made in one lump sum.

If all required conditions are met, the customer will be given the choice of exchanging the item or refunding the purchased item using the same means of payment used for the purchase within 14 days.

Warranty

12.1. The products sold by the Supplier, are accompanied by the manufacturer's official warranty and the seller's legal warranty provided for in Articles 128 et seq. of the Consumer Code. In any case, the warranty applies to the product that has aesthetic defects and / or malfunctions not detectable at the time of purchase, provided that the same is used correctly and with due meticulousness.

12.2. In order to take advantage of the warranty, the Buyer must keep the invoice received in electronic format and if possible attach photographic documentation of the product to the complaint.

12.3. The presumption of lack of conformity is 24 days.

Causes of termination

13.1. The obligations referred to in Section 10.1 are of an essential nature, so that by express agreement, failure to comply with only one of the aforementioned obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial pronouncement.

Method of filing the contract

14.1 Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order sent is stored in digital/paper form on the server/at the premises of the Supplier itself, according to criteria of confidentiality and security.

Applicable law and dispute resolution

15.1. This contract is governed by Italian law. The Competent Court is that of the consumer in the event that the Purchaser is, precisely, a consumer natural person or legal person who makes the purchase, referred to in this contract, for purposes unrelated to any commercial or professional activity carried out. In the event that the Buyer is a legal person acting for purposes indirectly and / or directly related to its commercial activity, for any dispute concerning the validity, interpretation and execution of this contract of sale the parties recognize the jurisdiction, exclusively, to the Court of Padua (PD).

In accordance with Article 52 of the Consumer Code, the consumer acknowledges having received all the information necessary for the valid conclusion of this distance contract.

Pursuant to Article 1341 of the Italian Civil Code, the Purchaser hereby declares that it expressly approves Articles 4, 6, 9, 10, 11, 12, 13, 15 of the contract herein.