General Terms of Sale

1. Scope of application and conclusion of the contract

1.1 The sale of "NATURALSALUS" products (hereinafter also referred to as the "Products" or the "Product") concluded remotely through the website www.naturalsalus.it (hereinafter referred to as the "Site") is governed by the following General Terms and Conditions of Sale (hereinafter also referred to as "GTC"). For the purposes of these General Terms and Conditions of Sale, the Buyer and IMO S.p.A. (hereinafter also referred to as the "Seller") are individually or jointly referred to as the Party or the Parties.

1.2 Information about the Seller: the company IMO S.p.A. is the sole exclusive owner of the industrial property rights related to the registered trademark NATURALSALUS. The registered office is in Milan, Via Vincenzo Monti, 6. Tax code 00714820156, VAT number 00714820156, email info@imospa.it.

1.3 The sale of Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree of September 6, 2005, no. 206 ("Consumer Code") and by Legislative Decree of April 9, 2003, no. 70, containing the regulations on electronic commerce.

1.4 These Terms of Sale apply to all sales of Products made by NATURALSALUS through the Site ("Terms and Conditions" or "T&Cs"). They may be modified at any time. Any changes will take effect from the moment they are published on the Site in the "Terms and Conditions" section, located in the footer of each page of the Site. Users are therefore encouraged to regularly access the Site and consult the most up-to-date version of the Terms of Sale before making any purchase.

1.5 The applicable terms of sale are those in effect on the date of transmission of the purchase order for a Product.

1.6 Before proceeding with the purchase of Products through the Site, the user is required to carefully read these General Conditions of Sale, which IMO makes available to them in the "Terms and Conditions" section of the Site and which they are allowed to save and reproduce, as well as all other information that IMO provides to them on the Site www.naturalsalus.it both before and during the purchase procedure.

2. Purchases on the Site

2.1 To proceed with the purchase, creating an account is not necessary. The Customer can proceed with the purchase of products as a "Guest", providing only the data required for a correct registration of the order by the Supplier's servers and for a correct shipment of the same. The purchase is allowed only to users who qualify as consumers. The purchase is allowed only on the condition that they are at least 18 years old.

2.2 According to Article 3, paragraph 1, letter a) of the Consumer Code, it is reminded that a consumer is a natural person who acts for purposes unrelated to the entrepreneurial, commercial, artisanal, or professional activity possibly carried out.

2.3 In the case of orders that are deemed irregular in relation to the quantity of products purchased or the frequency of purchases made, IMO reserves the right to take all necessary actions to cease the irregularities, including the suspension of access to the Site, the cancellation of registration on the Site, or the non-acceptance or cancellation of irregular orders.

2.4 IMO reserves the right to refuse or cancel orders that come from (i) a user with whom it is in an ongoing legal dispute; (ii) a user who has previously violated these General Terms and Conditions and/or the conditions and/or terms of the purchase contract with IMO; (iii) a user who has been involved in any type of fraud, particularly in fraud related to credit card payments; (iv) from users who have provided false, incomplete, or otherwise inaccurate identifying information or who have not timely submitted to IMO the documents requested in the procedure referred to in articles 9.1.3 and 9.1.4 that follow or who have submitted invalid documents.

3. Registration on the Site

3.1 Registration on the Site is free. To register on the Site, the user must fill out the appropriate form, entering their first name, last name, email address, and a password, and click the "Continue" button. If registration occurs during the purchasing process, additional data will be required to complete the customer profile.

3.2 Registration on the Site allows the user to perform, through a reserved and personal area, among others, the following activities:

consult your order history;
manage your personal data and modify it at any time;
add or modify the saved credit card(s) or delete the storage of the same;
"to take advantage of the dedicated services that can be activated from time to time by NATURALSALUS."

3.3 The registration credentials (email address and password) must be used exclusively by the user and may not be transferred to third parties. The user agrees to keep them secret and to ensure that no third party has access to them and to immediately inform IMO, by contacting the numbers provided in Article 13 below, in the event that they suspect or become aware of any misuse or unauthorized disclosure of the same. Each user is allowed to register on the Site only once. It is prohibited for the same user to make multiple registrations. In the event that IMO detects that the same user has made multiple registrations on the Site, IMO reserves the right to proceed, immediately and without prior notice, to block the related NATURALSALUS account.

3.4 The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and agrees to keep IMO indemnified and held harmless from any damage, liability for compensation and/or penalty arising from and/or in any way related to the user's violation of the rules regarding registration on the Site or the retention of registration credentials.

4. Information directed to the conclusion of the contract

4.1 In accordance with Legislative Decree April 9, 2003, no. 70 containing provisions on electronic commerce, IMO informs the user that:

to conclude the purchase contract for one or more Products on the Site, the user must fill out an electronic order form and send it to IMO electronically, following the instructions that will appear from time to time on the Site;
the contract is concluded when the order form is received by the IMO server;
'before proceeding with the transmission of the order form, the user will be able to identify and correct any data entry errors by following the instructions available on the Site during the various stages of the purchase;'
The order form will be stored in the IMO database for the time necessary for its execution and, in any case, within the legal terms. The user will be able to access the order form and/or the related data through their personal account, in the "Orders" section.

4.2 The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language.

5. Product Availability

5.1 The Products available for purchase through the Site are the items listed in the electronic catalog published on the Site at the time of placing the order. The Products may belong to various product categories (such as, by way of example only, dietary supplements, cosmetics, etc. etc.).

5.2 Each Product is accompanied by an information page that illustrates its main features ("Product Page"). Unless expressly indicated otherwise on the product pages, products are always considered available for purchase. The definition of "available" means that the product is in the possession of IMO and, therefore, ready for shipment, except in cases where, due to exceptional and unpredictable events, the product, at the time of retrieval from the warehouse, is found to be unsellable because it is missing or damaged at the time of retrieval from the warehouse and cannot therefore be shipped, and there are no other identical products available for delivery. By completing the purchase process, the customer immediately proceeds to purchase the product, according to the methods indicated on the Site. In the case of a completed order, IMO will send the user a confirmation email of the order receipt containing the identification number assigned to the order.

5.3 The availability of Available Products is monitored and updated. However, since the Site can be visited by multiple users simultaneously, it may happen that several users purchase the same Product at the same moment. In such cases, therefore, the Product may appear to be available for a short period of time, while in fact it is out of stock or not immediately available, as it requires restocking.

6. Product Information

6.1 Each Product is accompanied by the Product Page. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The images of the Products on the Site may also differ in size or in relation to any accessory products. Therefore, such images should be understood as indicative and with tolerances for use. For the purposes of the purchase contract, the description of the Product contained in the order form submitted by the user shall prevail.

The Buyer must always check for any warnings that the product may have before proceeding with the purchase, which can be found on the product page in the Information section, in order to rule out any intolerances or recommendations against use.

7. Prices

7.1 All prices of the Products published on the Site are in Euros and are inclusive of VAT. Delivery charges, which may vary depending on the chosen delivery location, will be specifically indicated (in Euros and inclusive of VAT) during the purchasing process, before the user is bound by the contract, in the order summary and then summarized in the order confirmation email.

7.2 IMO reserves the right to change the price of the Products at any time and possibly multiple times during the same day. It is understood that the price of the Product that will be charged to the user will be the one indicated in the order summary, displayed to the user before placing the order, and that any subsequent changes (increases or decreases) after the transmission of the order will not be taken into account.

7.3 In the event that a Product is offered on the Site at a discounted price, the Site will indicate (i) the full reference price against which the discount is calculated and (ii) what this full reference price corresponds to.

8. Purchase Orders

8.1 The purchase contract is resolutely conditioned on the non-payment of the Total Amount Due or, in the case of payment by credit card, on the unsuccessful outcome of the Payment Authorization, as referred to in art. 9.1.1 that follows. In the event that such payment does not occur or the Payment Authorization, as referred to in art. 9.1.1 that follows, is not successful, the contract shall therefore be deemed resolved by law. The user will be immediately notified of this resolution and the consequent cancellation of the order: (i) immediately after the transmission of the order, via the Site, in the event that they have chosen credit card as the payment method as well as via e-mail; (ii) via e-mail, in the event that the user has chosen one of the other payment methods made available by NATURALSALUS, including PayPal.

8.2 The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to IMO, will instead be transferred to the user when the user or a third party designated by him and different from the carrier, physically takes possession of the Products.

8.3 The user may cancel their order before receiving the Shipping Confirmation (as defined in art. 9.1.1), provided that the order has not been prepared for the shipping process. In this case, the user will not be charged any cost. The right of withdrawal is nevertheless reserved under the terms and conditions set forth in the following art. 11.

8.4 In order to place an order for a Product through the Site, it is necessary to read and carefully review these General Terms and Conditions.

9. Payment methods

9.01 Payment for Products purchased through the Site can be made using the payment methods described in the following paragraphs.

9.1 Credit card

9.1.1 Payment for Products purchased on the Site can be made by credit card directly through the Site. IMO accepts credit cards from the VISA, Mastercard, AmericanExpress, Maestro networks. IMO reserves the right to verify the validity of the credit or debit card, the credit status in relation to the order value, and the correctness of the buyer's address (the "Payment Authorization"). It is possible that the Payment Authorization of the user's credit card may not succeed on the first attempt. In this case, IMO will notify the user via the Site and via email.

9.1.2 By selecting the box "Save your credit card for future purchases" on the "Checkout" page of the purchasing process or by accessing the "Payment Methods" section of their personal account, the user can authorize the storage of the data of one or more credit cards and their reuse for the payment of subsequent purchases on the Site, thus avoiding the need to enter the credit card details for each purchase. The user can, at any time, revoke the authorization for the reuse of the credit card data for subsequent purchases by accessing the "Payment Methods" section of their personal account and deleting the already saved cards.

9.1.3 In order to ensure the security of payments made on the Site and to prevent any fraud, IMO reserves the right to ask the user, via email, to send, through the same means, a front/back copy of their identity card and, in the event that the order holder is different from the cardholder, the identity card of the latter. The document must be valid. The request email will specify the deadline by which the document must be sent to IMO. This deadline will not exceed 5 working days from the receipt of the request by the user. Pending receipt of the requested document, the order will be suspended. The user is required to send the requested documents within the indicated timeframe.

9.1.4 In the event that IMO does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, the contract shall be deemed terminated by law pursuant to and for the effects of Article 1456 of the Civil Code, and the order shall consequently be canceled, without prejudice to IMO's right to compensation for any damage it may incur due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified via email, within no later than 5 working days from the expiration of the deadline for sending the documents requested by IMO, will result in the cancellation of the order with a consequent refund of the Total Amount Due, if paid, by crediting the same payment method used. In the case of timely receipt by IMO of the valid requested documentation, the delivery terms applicable to the order will commence from the date of receipt of such documentation.

9.1.5 IMO uses the secure payment service through the payment system Stripe.com, utilizing an advanced technological encoding system, using a secure server to ensure maximum protection of confidential data, guaranteeing a refund if any issues arise. The confidential credit card data (card number, cardholder, expiration date, security code) is encrypted and transmitted to the payment processor.

9.2 PayPal

9.2.1 Without prejudice to what is provided in art. 9.01 above, payment for Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as the payment method, they will be redirected to the website www.paypal.it where they will make the payment for the Products according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed upon by the user with PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with IMO. Therefore, IMO is unable to know and does not store in any way the credit card data linked to the user's PayPal account or the data of any other payment instrument connected to that account.

9.2.2 In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of cancellation of the purchase contract and in any other case of refund, for any reason, the amount of the refund will be credited to the user's PayPal account. The timing of the credit back to the payment instrument linked to that account depends solely on PayPal and the banking system. Once the credit order in favor of that account has been issued, IMO cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for which the user must contact PayPal directly.

10. Methods, costs, and delivery terms

10.1 The delivery of the Products is carried out only in the Italian and European territory. The obligation to deliver is considered fulfilled by the transfer of the material availability or in any case the control of the Products to the user.

10.2 At the time of shipment, an email will be sent to the user containing the link with the tracking number through which the user can check the status of the shipment.

10.3 Delivery is subject to payment and, unless otherwise stated, delivery charges are the responsibility of the user. The amount of delivery charges owed by the user in relation to a specific order is expressly and separately indicated (in Euros and including VAT) during the purchasing process, in the order summary, and in any case, before the user proceeds to submit the order.

10.4 In the order summary and, therefore, before the user proceeds to submit it, the total price of the order will be indicated, with a separate indication of delivery charges and any other possible additional costs. This total, which will also be indicated to the user in the order confirmation email, will constitute the total amount due from the user in relation to the Product. For each sale made on the Site, IMO issues an invoice, sending it via email to the purchaser's name on the order. For the issuance of the invoice, the information provided by the user at the time of submitting the order through the Site is deemed to be true. No changes to the invoice will be possible after it has been issued. The user agrees to keep IMO indemnified and held harmless from any damage that may arise to it, including any penalties, in the event that the data provided by the user through the Site for the issuance of the invoice is not true.

10.5 The delivery of the Products purchased on the Site will take place at the postal address specified by the user in the order form.

10.6 The Delivery of the Product is understood to be at street level and will be carried out from Monday to Friday during normal office hours (from 9:00 AM to 6:00 PM), excluding national holidays.

10.6.1 The user acknowledges that picking up the Product is their specific obligation. In case of non-delivery due to the recipient's absence, the courier will leave a notice to document the delivery attempt (so-called delivery notice). After the second failed delivery attempt, the package will be held at the courier's facility, unless otherwise indicated. The user is required to pick up the package within 3 calendar days starting from the second day following the day on which the Delivery Notice was left.

10.6.2 The user is required to report any specific characteristics related to the delivery location of the Product and/or its location by entering a note in the order, in the designated space provided at the end of the purchase process and before sending the order. In the event that they do not provide such information or provide incorrect information, any additional costs that IMO may incur to complete the delivery of the Product will be at their expense.

10.7 Delivery Terms

10.7.1 IMO undertakes to deliver the Products subject to the user's order, taking into account, in addition to the area and delivery method, within 5 working days. The delivery terms commence from the conclusion of the contract (i.e. the sending of the order), unless otherwise stated.

10.7.2 In the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to Article 61 of the Consumer Code, invites IMO to make the delivery within an additional period appropriate to the circumstances ("Additional Term pursuant to Article 61, third paragraph, Consumer Code"). If this additional term expires without the Products being delivered, the user is entitled to terminate the contract ("Termination of the Contract pursuant to Article 61, third paragraph, Consumer Code"), without prejudice to the right to compensation for damages. The user is not burdened with the obligation to grant IMO the Additional Term pursuant to Article 61, third paragraph, Consumer Code ("Excluded Cases") if:

a) IMO has expressly refused to deliver the Products;
b) compliance with the delivery deadline indicated in point 10.7.1 must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user informed IMO, before the conclusion of the contract, that delivery by or on a specified date is essential.

In Excluded Cases, the user, if they do not receive the Products within the delivery time indicated in point 10.7.1, is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages ("Termination of the Contract in Excluded Cases").

'The indication of the Supplementary Term pursuant to Article 61, paragraph III, Consumer Code and the communication of Contract Termination pursuant to Article 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases must be communicated by the user to IMO at the addresses referred to in Article 13 that follows.'

In the event of Termination of the Contract pursuant to art. 61, III paragraph, Consumer Code or Termination in Excluded Cases, IMO will reimburse the user the Total Amount Due without undue delay.

In any case, IMO commits to promptly notifying the user via email of the delay in delivery, simultaneously indicating the new delivery date, if available, and, in the event that the user does not proceed to set the Supplementary Term pursuant to Article 61, third paragraph, Consumer Code or, if the conditions are met, to the Termination of the Contract pursuant to Article 61, third paragraph, Consumer Code or to the Termination of the Contract in Excluded Cases, without prejudice to the possibility for the user to avail themselves at any time of such remedies and/or the ordinary means of protection provided by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, IMO commits, in any case, to:

(i) in the event of delivery with a delay of between 1 and 3 working days compared to the New Delivery Date, reimburse the user who requests it for the delivery costs, if already paid, within 10 working days from the expiration of the New Delivery Date or not require payment from the user who requests it, if not yet paid;
(ii) in the event of delivery with a delay of between 4 and 10 working days compared to the New Delivery Date, allow the user who requests it to refuse the delivery and terminate the contract, with a consequent refund of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not wish to terminate the contract, refund the user who requests it the delivery charges, if already paid, within ten working days from the request or not to require payment from the user who makes such a request, if not yet paid;

In any case, IMO undertakes to promptly send the user the Delay Notice Email, simultaneously indicating the New Delivery Date, if available, and, in the event that the user does not proceed to set the Supplementary Date pursuant to art. 61, third paragraph, Consumer Code or, if the conditions are met, to the Termination of the Contract pursuant to art. 61, third paragraph, Consumer Code or to the Termination of the Contract in Excluded Cases, in relation to the individual delivery and the related Products, without prejudice to the possibility for the user to avail themselves at any time of such remedies and/or the ordinary means of protection provided by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code.

10.7.3 In the event of failure to send the Delay Notification Email or failure to set the New Delivery Date therein, all deadlines that precede will run from the original delivery date.

10.7.4 The acceptance of the New Delivery Date must be promptly communicated to IMO by e-mail at the address specified in Article 13 that follows.

10.7.5 In all cases where a refund is due to the user, the amount of the refund will be communicated to the user via email. It will be credited to the same payment method used by the user for the purchase, in the case of payment by credit card or PayPal. In other cases, IMO will ask the user for the bank details necessary for the refund to be processed. Any delays may depend on the banking institution or the type of credit card used.

10.7.6 It is the user's responsibility to verify the conditions of the Product that has been delivered to them. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to IMO, is transferred to the user when the user, or a third party designated by them and different from the carrier, physically takes possession of the Products, the user is advised to check the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including the closure materials (adhesive tape or metal straps), and is encouraged, in their interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In fact, receiving the Products without reservations does not allow the user to take legal action against the courier in the event of loss or damage to the Products, except in cases where the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage that is not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly communicate this to IMO. In any case, the application of the rules regarding the right of withdrawal and legal warranty of conformity remains unchanged.

10.7.7 Those who have not collected the package more than twice for different orders cannot make purchases on the Site. In the event that such individuals place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the effects of Article 1456 of the Civil Code. The termination of the contract will be communicated to the customer via email.

11. Right of withdrawal from the purchase of Products

11.1 Pursuant to Articles 52 et seq. of the Consumer Code, the user who qualifies as a consumer has the right to withdraw from the purchase contract of the Product, without having to provide any reason and without incurring costs other than those provided for in Articles 11.5 that follow, within the period of fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days*:

a) in the case of an order relating to a Product, from the day on which the user or a third party, other than the carrier and designated by the user, takes physical possession of the Products.

11.2 To exercise the right of withdrawal, the user must inform IMO, before the expiration of the Withdrawal Period, of their decision to withdraw.

11.3 In order to exercise the right of withdrawal, the user must send an email to the address info@naturalsalus.it and must indicate in the subject of the email the wording "Withdrawal order no. XX of XX/XX/XXX (see details provided in the order confirmation received by the buyer)," while in the body of the email, they must indicate:

Name and Surname;
A telephone contact;
The order identification number;
The article code of the item you want to make;
The reasons for the return (optional);
If you wish to exchange the product or be refunded.

11.4 IMO will send the user a confirmation email of the receipt of the withdrawal request.

11.5 The Buyer has the right to withdraw without any penalty, the only costs to be borne by them are those related to the shipping costs for the return of the product.

The items to be returned or exchanged must be shipped to the logistics headquarters of IMO at the following address: IMO S.p.A. – Via Firenze 34, 20060 Trezzano Rosa (MI) – Italy

11.6 The user has exercised their right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by the consumer before the expiration of the Withdrawal Period.

11.7 The user must return the Products to IMO, using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days* from the date they communicated their decision to withdraw to IMO. The deadline is met if the user sends back the Products before the expiration of the fourteen-day period ("Return Deadline"). The Product, properly protected and packaged, must be shipped to the following address indicated in point 11.5. The direct costs of returning the Products to IMO are the responsibility of the user. The return of the Product to IMO is done at the user's risk and expense.

11.8 If the user withdraws from the contract, IMO will proceed to refund the Total Amount Due paid by the user for the Product only, net of the transaction commission fees amounting to 2.00 euros, without undue delay and in any case no later than 14 calendar days* from the day on which IMO was informed of the user's decision to withdraw from the contract. The refund will be made using the same payment method used by the user, in the case of payment by credit card and PayPal, unless the user has expressly agreed otherwise. IMO may suspend the refund until the Products are received. NATURALSALUS will retain 2 euros from the amount due for transaction commission fees.

11.9 The Product must nonetheless be stored, handled, and inspected by the Buyer with normal diligence and returned intact, complete in every part, perfectly functional, unaltered and undamaged, as well as perfectly suitable for the intended use and free from signs of wear or dirt. The right of withdrawal also applies to the Product in its entirety.

11.10 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 the user to any refund. IMO will notify the user by e-mail within 5 working days from the receipt of the Product, rejecting the withdrawal request. The Product will remain with IMO available for the user to collect, which must be done at the user's own expense and responsibility.

12. Legal Warranty of Conformity

12.1 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").

12.2. Who it applies to

The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out.

12.3. When it applies

The seller is responsible to the consumer for any lack of conformity existing at the time of delivery of the product and that manifests itself within two years from that 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 conformity defects that manifest within six months from the delivery of the product already existed at that date, unless this assumption is incompatible with the nature of the product or the nature of the conformity defect. From the seventh month following the delivery of the product, it will be the consumer's burden to prove that the conformity defect already existed at the time of delivery."

12.4 In order to benefit from the Legal Warranty, the user must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purpose of such proof, to keep the order confirmation or the purchase invoice or any other document that can attest to the date of purchase and the date of delivery (for example, the credit card statement or the bank statement).

12.5. What is the conformity defect

If there is a lack of conformity, when the purchased good:

'it is not suitable for the use for which goods of the same type are usually intended;'
'it does not conform to the description made by the seller on the site to the product sheet;'

12.6 Therefore, any defects caused by accidental events or by the user's responsibility, or by use of the product that does not conform to its intended use and/or to what is stated on the product label, are excluded from the scope of the Legal Warranty.

12.7. Remedies available to the user

In case of a duly reported lack of conformity within the terms, the user has the right:

in primary way, to the free replacement of the good, at its choice;
in secondary means (in the case where the replacements are impossible or excessively burdensome or the replacements have not been made within reasonable time frames or the previously made replacements have caused significant inconveniences to the consumer) to a reduction of the price or to the termination of the contract, at their choice.

The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to the alternative remedies that can be pursued, taking into account (i) the value that the good would have if there were no conformity defect; (ii) the extent of the conformity defect; (iii) the possibility that the alternative remedy can be pursued without significant inconvenience to the consumer.

12.8. What to do in the presence of a conformity defect

In the event that a Product, during the validity period of the Legal Warranty, shows what could be a conformity defect, the user must contact IMO, using the contact details provided in Article 13 below. IMO will promptly respond to the communication of the alleged conformity defect and will indicate to the user the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

"Stay firm that it is IMO the subject responsible for the application of the Legal Guarantee in relation to the Products."

12.9 IMO reserves the right to ask the user to attach to the request to benefit from the Legal Warranty of Conformity the invoice related to the order.

13. Customer Service and Complaints

13.1 It is possible to request information, send communications, or submit complaints by contacting IMO S.p.A. using the following methods at the following contacts:

by e-mail, to the address info@imospa.it;
by phone, at the number +39 02909313220;
by mail, writing to IMO S.p.A., Via Firenze 34 – 20060 Trezzano Rosa (MI) Italy

13.2 IMO will respond to complaints by email or mail within a maximum of two days from receipt of the same.

14. Applicable Law; Out-of-Court Settlement of Disputes – Alternative Dispute Resolution/Online Dispute Resolution

14. 1 The purchase contract concluded on the Site is governed by Italian law.

14.2 The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved, in particular with regard to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercising such right, the methods and formalities for communicating the same, and the legal warranty of conformity.

14.3 It is remembered that in the case of a consumer user, for any dispute relating to the application, execution, and interpretation of these Sales Conditions, the court of the place where the user resides or has elected domicile is competent.

14.4 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), IMO informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code, that if he has submitted a complaint directly to IMO, and it has not been possible to resolve the dispute that arose, IMO will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes related to obligations arising from a contract concluded under these Sales Conditions (so-called ADR bodies, as indicated in Articles 141-bis and following of the Consumer Code), specifying whether it intends to make use of such bodies to resolve the dispute itself. IMO also informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address //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 he is involved. In any case, the right of the consumer user to appeal to the competent ordinary judge for the dispute arising from these Sales Conditions is reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court resolution of disputes related to consumer relationships by resorting to the procedures provided for in Part V, Title II-bis of the Consumer Code. The user residing in a member state of the European Union other than Italy may also access, for any dispute related to the application, execution, and interpretation of these Sales Conditions, the European procedure established for disputes of a small value, by Regulation (EC) No. 861/2007 of the Council, of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and costs, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

According to Article 49, paragraph 1, letter V of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the customer may also avail themselves of the Equal Conciliation procedure. The Procedure can be initiated if the consumer, after having submitted a complaint to the company, has not received a response within 45 days or has received a response that they do not consider satisfactory.

"The customer who decides to use the Paritetica Conciliation procedure is required to send the request to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For more information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl"

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