1. Scope of application and conclusion of the contract

1.1 The distance sale of “NATURALSALUS” products (hereinafter also referred to as the “Products” or the “Product”) through www.naturalsalus.it (hereinafter the “Website”) is governed by these General Terms and Conditions of Sale (hereinafter the “Terms”). For the purposes of these Terms, the Purchaser and IMO S.p.A. (hereinafter the “Seller”) are individually or jointly referred to as a “Party” or the “Parties”.

1.2 Seller information: IMO S.p.A. is the sole owner of the industrial property rights relating to the registered NATURALSALUS trademark. Its registered office is at Via Puccini 1, Milan, Italy. Tax code and VAT number: 00714820156. Email: info@imospa.it.

1.3 Sales of Products through the Website constitute distance contracts governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”) and Legislative Decree No. 70 of 9 April 2003,
No. 70, governing electronic commerce.

1.4 These Terms of Sale apply to all Product sales made by NATURALSALUS through the Website (the “Terms and Conditions”). They may be amended at any time. Any amendments will take effect when published in the “Terms and Conditions” section in the footer of each Website page. Users are therefore invited to check the Website regularly and consult the latest version of these Terms before making a purchase.

1.5 The applicable Terms of Sale are those in force on the date the order for a Product is submitted.

1.6 Before purchasing Products through the Website, users must carefully read these Terms, which IMO makes available in the Website’s “Terms and Conditions” section and which they may save and reproduce, together with all other information provided on www.naturalsalus.it before and during the purchase process.

2. Purchases on the Website

2.1 Creating an account is not required to make a purchase. Customers may purchase as “Guests”, providing only the information required for the Supplier’s servers to register the order correctly and for the order to be shipped. Purchases are permitted only to consumers aged 18 or over.

2.2 Under Article 3(1)(a) of the Consumer Code, a consumer is a natural person acting for purposes unrelated to any business, commercial, craft or professional activity they may carry out.

2.3 If orders appear unusual in terms of the quantity of Products purchased or the frequency of purchases, IMO reserves the right to take any action necessary to stop the irregularities, including suspending access to the Website, cancelling Website registration, or refusing or cancelling irregular orders.

2.4 IMO also reserves the right to refuse or cancel orders submitted (i) by a user involved in an ongoing legal dispute with IMO; (ii) by a user who has previously breached these Terms or any purchase agreement with IMO; (iii) by a user involved in any kind of fraud, particularly credit-card payment fraud; or (iv) by users who have provided false, incomplete or inaccurate identification details, or who have not promptly provided documents requested by IMO under Sections 9.1.3 and 9.1.4 below, or have submitted invalid documents.

3. Website registration

3.1 Website registration is free. To register, users must complete the relevant form by entering their first name, surname, email address and a password, then click “Continue”. If registration takes place during checkout, additional details will be requested to complete the customer profile.

3.2 Website registration allows users to access a personal, restricted area and perform, among other things, the following activities:

• view their order history;
  
• manage and update their personal information at any time;
  
• add or update saved credit cards or delete stored card details;
  
• use dedicated services that NATURALSALUS may make available from time to time.

3.3 Login credentials (email address and password) may be used only by the user and may not be transferred to third parties. Users must keep them confidential, ensure that no third party can access them, and immediately notify IMO using the contact details in Section 13 below if they suspect or become aware of improper use or disclosure. Each user may register only once; multiple registrations by the same user are prohibited. If IMO discovers multiple registrations by one user, it may immediately block the relevant NATURALSALUS account without prior notice.

3.4 Users warrant that the personal information provided during registration is complete and accurate, and agree to indemnify and hold IMO harmless from any damage, compensation obligation or penalty arising from, or in any way connected with, their breach of the Website registration rules or the rules governing the safekeeping of login credentials.

4. Information concerning conclusion of the contract

4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 on electronic commerce, IMO informs users that:

4.2 To conclude a purchase contract for one or more Products on the Website, users must complete an electronic order form and send it to IMO online, following the instructions shown on the Website from time to time;

4.3 The contract is concluded when the order form reaches IMO’s server;

4.4 Before submitting the order form, users may identify and correct any data-entry errors by following the instructions provided on the Website during the different stages of the purchase;

4.5 IMO will store the order form in its database for as long as necessary to fulfil the order and, in any case, for the period required by law. Users may access the order form and related information through their personal account in the “Orders” section.

4.6 The language available to users for concluding the contract is Italian. Customer Service can communicate with users in the same language.

5. Product availability

5.1 Products available for purchase through the Website are those listed in the online catalogue at the time the order is placed. Products may belong to different categories, including, by way of example, food supplements and cosmetics.

5.2 Each Product has an information page describing its main features (the “Product Page”).

Unless the Product Pages expressly state otherwise, Products are considered available for purchase.

“Available” means that the Product is in IMO’s possession and ready for shipment, except where exceptional and unforeseeable events mean that, when picked from the warehouse, it is missing or damaged and cannot be sold or shipped, and no identical replacement is available.

By completing checkout, the customer proceeds with the purchase of the Product in accordance with the procedures described on the Website.

Once an order has been completed, IMO will send the user an email confirming receipt of the order and stating its reference number.

5.3 Product availability is monitored and updated. However, because several users may visit the Website simultaneously, multiple users may try to purchase the same Product at the same time. In such cases, a Product may briefly appear available even though it is out of stock or unavailable pending replenishment.

6. Product information

6.1 Each Product has a Product Page. Images and descriptions on the Website aim to represent the Products as accurately as possible. Images may differ in size or show accessories, and should therefore be regarded as illustrative, subject to normal tolerances. For the purchase contract, the Product description in the order form submitted by the user shall prevail.

Before purchasing, the buyer must always check any warnings for the Product in the “Information” section of its Product Page, including any warnings concerning intolerances or circumstances in which the Product should not be used.

7. Prices

7.1 All prices displayed on the Website are in euros and include VAT. Delivery charges, which may vary depending on the delivery location selected, will be shown separately in euros including VAT during checkout, before the user is bound by the contract, in the order summary and in the order confirmation email.

7.2 IMO reserves the right to change Product prices at any time, potentially more than once on the same day. The price charged to the user will be the price shown in the order summary before the order is submitted; subsequent price increases or decreases will not affect that order.

7.3 If a Product is offered at a discount, the Website will state (i) the reference full price against which the discount is calculated and (ii) what that reference price represents.

8. Purchase orders

8.1 The purchase contract is conditional upon payment of the Total Amount Due and, where payment is made by credit card, successful payment authorisation as described in Section 9.1.1 below. If payment is not made or authorisation fails, the contract will automatically terminate. The user will be notified immediately of the termination and resulting order cancellation: (i) through the Website immediately after submission and by email if credit card payment was selected; or (ii) by email if another payment method offered by NATURALSALUS, including PayPal, was selected.

8.2 Ownership of the Products passes to the user upon shipment, meaning when the Product is handed over to the carrier. The risk of loss or damage to the Products for reasons not attributable to

IMO, however, passes to the user when the user or a third party designated by the user, other than the carrier, physically takes possession of the Products.

8.3 The user may cancel an order before receiving the Shipping Confirmation (as defined in Section 9.1.1), provided the order has not yet been prepared for shipment. No charge will be applied in that case. The right of withdrawal under Section 11 below remains unaffected.

8.4 To submit an order for a Product through the Website, users must read and carefully review these Terms.

9. Payment methods

9.01 Products purchased through the Website may be paid for using the methods described below.

9.1 Credit card

9.1.1 Products may be paid for by credit card directly through the Website. IMO accepts VISA, Mastercard, American Express and Maestro cards. IMO reserves the right to verify card validity, available credit in relation to the order value, and the accuracy of the buyer’s address (the “Payment Authorisation”).

The user’s credit-card Payment Authorisation may fail on the first attempt. In that case, IMO will notify the user through the Website and by email.

9.1.2 By selecting “Save your credit card for future purchases” on the checkout payment page or visiting “Payment methods” in their account, users may authorise the storage of one or more credit cards for future purchases, avoiding the need to enter card details each time. Users may withdraw this authorisation at any time by accessing “Payment methods” in their account and deleting saved cards.

9.1.3 To secure payments and prevent fraud, IMO may ask the user by email to submit a copy of both sides of their identity document and, if the order holder differs from the cardholder, a copy of the cardholder’s identity document as well. The document must be valid. The request email will specify the deadline for submitting it, which will not exceed five working days from receipt of the request. The order will be suspended pending the requested document, which the user must provide within the stated deadline.

9.1.4 If IMO does not receive the documents within the specified deadline, or receives expired or invalid documents, the contract will automatically terminate pursuant to Article 1456 of the Italian Civil Code and the order will be cancelled, without prejudice to IMO’s right to claim compensation for damage caused by the user’s non-compliance. The user will be notified by email within five working days of the deadline for submitting the requested documents. The order will be cancelled and any Total Amount Due already paid will be refunded to the original payment method. If IMO receives valid documentation on time, the delivery period will run from the date that documentation is received.

9.1.5 IMO uses the secure Stripe.com payment system, employing advanced encryption technology and a secure server to protect confidential data and help ensure refunds if problems arise. Confidential credit-card information (card number, cardholder name, expiry date and security code) is encrypted before being transmitted to the payment processor.

9.2 PayPal

9.2.1 Subject to Section 9.01 above, Products may also be paid for using PayPal. If the user selects PayPal, they will be redirected to www.paypal.it to complete payment under PayPal’s procedures and the terms agreed with PayPal. Data entered on PayPal’s website are processed by PayPal and are not transferred or shared with IMO. IMO therefore cannot access and does not store credit-card details linked to the user’s PayPal account or details of any other payment instrument linked to that account.

9.2.2 If payment is made via PayPal, PayPal will charge the Total Amount Due when the online contract is concluded. If the purchase contract is terminated or a refund is otherwise due, the refund will be credited to the user’s PayPal account. The time required to credit the payment instrument linked to that account depends solely on PayPal and the banking system. Once IMO has issued the credit order to that account, it cannot be held liable for delays or failures in crediting the refund; users must contact PayPal directly about such issues.

10. Delivery methods, charges and times

10.1 Products are delivered only within Italy and Europe. The delivery obligation is fulfilled when physical possession or control of the Products is transferred to the user.

10.2 When the order is shipped, the user will receive an email containing a link and tracking number that can be used to check the shipment status.

10.3 Delivery is subject to a charge and, unless stated otherwise, the user is responsible for delivery costs. The delivery charge for each order is shown separately in euros, including VAT, during checkout and in the order summary before the order is submitted.

10.4 The order summary will show the total order price before submission, itemising delivery charges and any additional costs. This total, which will also appear in the order confirmation email, is the amount payable by the user for the Product. IMO issues an invoice for each sale and emails it to the person named on the order. The information provided by the user when submitting the order will be used for the invoice and is warranted to be accurate. No changes can be made after the invoice has been issued. The user agrees to indemnify and hold IMO harmless from any damage, including penalties, arising if the details supplied for invoicing are inaccurate.

10.5 Products purchased on the Website will be delivered to the postal address entered by the user in the order form.

10.6 Delivery is to street level and takes place Monday to Friday during normal business hours (9:00 a.m. to 6:00 p.m.), excluding national holidays.

10.6.1 The user is responsible for collecting the Product. If delivery fails because the recipient is absent, the carrier will leave a delivery-attempt notice. After a second unsuccessful attempt, the parcel will be held by the carrier unless otherwise stated. The user must collect it within three calendar days, starting from the second day after the notice was left.

10.6.2 Users must report any special features or location details relevant to delivery by adding a note in the designated field at the end of checkout and before submitting the order. If these details are omitted or incorrect, the user will be responsible for any additional costs incurred by IMO to complete delivery.

10.7 Delivery times

10.7.1 IMO undertakes to deliver ordered Products within five working days, taking into account the destination area and delivery method. Unless otherwise stated, delivery times run from the conclusion of the contract (i.e. submission of the order).

10.7.2 If a purchased Product is not delivered or is delivered later than the time stated during checkout and in the order confirmation, the user may, under Article 61 of the Consumer Code, ask IMO to deliver within an additional period appropriate to the circumstances (the “Additional Period”). If delivery is not made within that period, the user may terminate the contract (the “Termination under Article 61(3)”), without prejudice to the right to claim damages. The user is not required to grant an Additional Period (the “Exceptions”) if:

(a) IMO has expressly refused to deliver the Products;

(b) the delivery deadline in Section 10.7.1 is essential in light of all circumstances surrounding the conclusion of the contract;

(c) before concluding the contract, the user informed IMO that delivery by or on a specified date was essential.

In these Exceptions, if the Products are not delivered within the period stated in Section 10.7.1, the user may terminate the contract immediately, without prejudice to the right to claim damages (“Termination in the Exceptions”).

The user must notify IMO of the Additional Period and any termination under Article 61(3) or in the Exceptions by using the contact details in Section 13 below.

If the contract is terminated under Article 61(3) or in the Exceptions, IMO will refund the Total Amount Due without undue delay.

In all cases, IMO will promptly notify the user by email of any delivery delay and, if available, state the new delivery date. Without prejudice to the user’s right to use the remedies described above or other legal remedies, including those under Chapter XIV, Title II, Book IV of the Italian Civil Code, IMO undertakes to:

(i) if delivery is 1–3 working days later than the new delivery date, refund delivery charges already paid within 10 working days of that date to users who request it, or waive unpaid delivery charges on request;

(ii) if delivery is 4–10 working days later than the new delivery date, allow users who request it to refuse delivery and terminate the contract, with the Total Amount Due refunded immediately and in any event within 10 working days of the termination request; alternatively, if the user does not wish to terminate, refund delivery charges already paid within 10 working days of the request, or waive unpaid delivery charges on request;

In all cases, IMO will promptly send the user a delay notice email and, if available, specify the new delivery date. This does not affect the user’s right to set an Additional Period, terminate the contract where applicable, or use the ordinary remedies available under the law, including Chapter XIV, Title II, Book IV of the Italian Civil Code.

10.7.3 If the delay notice email is not sent or does not specify a new delivery date, all periods referred to above will run from the original delivery deadline.

10.7.4 Acceptance of the new delivery date must be promptly notified to IMO by email using the address in Section 13 below.

10.7.5 Whenever a refund is due, IMO will notify the user of the amount by email. Refunds for payments made by credit card or PayPal will be credited to the same payment method. In other cases, IMO will request the bank details needed to make the refund. Delays may depend on the bank or the type of credit card used.

10.7.6 The user must check the condition of the delivered Product. Without prejudice to the transfer of risk of loss or damage not attributable to IMO when the user or a designated third party other than the carrier physically takes possession of the Products, users are advised to check the quantity received and ensure the packaging is intact, undamaged, dry and unaltered, including seals such as adhesive tape or metal straps. Users should note any irregularities on the carrier’s delivery document and accept the parcel subject to inspection. Unreserved acceptance may prevent claims against the carrier for loss or damage, except where caused by the carrier’s wilful misconduct or gross negligence or where partial loss or damage could not be detected at delivery, provided it is reported as soon as discovered and no later than eight days after receipt. If the package shows clear signs of tampering or alteration, users should promptly notify IMO. Statutory withdrawal rights and legal conformity guarantees remain unaffected.

10.7.7 Users who have failed to collect parcels more than twice for different orders may not make purchases on the Website. If they place an order in breach of this rule, the purchase contract may be terminated by operation of law under Article 1456 of the Italian Civil Code. The customer will be notified by email.

11. Right to withdraw from a Product purchase

11.1 Under Articles 52 et seq. of the Consumer Code, a user acting as a consumer may withdraw from a Product purchase contract without giving a reason and without incurring costs other than those set out in Section 11.5 below, within fourteen calendar days (the “Withdrawal Period”). The Withdrawal Period expires after 14 days*:

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

11.2 To exercise the right of withdrawal, the user must notify IMO of the decision to withdraw before the Withdrawal Period expires.

11.3 To exercise the right of withdrawal, the user must email info@naturalsalus.it with the subject line “Withdrawal from order no. XX dated XX/XX/XXX” (see the order confirmation received by the buyer) and include the following in the email body:

• First and last name;
  
• Telephone number;
  
• Order reference number;
  
• Product code of the item to be returned;
  
• Reason for return (optional);
  
• Whether a replacement or a refund is requested.

11.4 IMO will send the user an email confirming receipt of the withdrawal request.

11.5 The buyer may withdraw without penalty. The only costs borne by the buyer are the shipping costs for returning the Product.

Goods to be returned or exchanged must be shipped to IMO’s logistics centre at the following address:

IMO S.p.A. - Via Firenze 34, 20060 Trezzano Rosa (MI) - Italy

11.6 The user has exercised the right of withdrawal within the Withdrawal Period if the notice of withdrawal is sent before the period expires.

11.7 Users must return Products to IMO using a carrier of their choice and at their own expense, without undue delay and in any event within 14 calendar days* of notifying IMO of the decision to withdraw. The deadline is met if the Products are shipped before the fourteen-day period expires (the “Return Period”). Products must be properly protected and packaged and sent to the address in Section 11.5. Direct return costs are borne by the user, and the return shipment is made at the user’s expense and responsibility.

11.8 If the user withdraws from the contract, IMO will refund the amount paid for the Product only, less the €2 transaction fee, without undue delay and no later than 14 calendar days* after being informed of the decision to withdraw. For credit-card and PayPal payments, the refund will be made using the same payment method unless the user expressly agrees otherwise. IMO may withhold the refund until the Products have been received. IMO will retain €2 to cover the transaction fee.

11.9 The buyer must handle, store and inspect the Product with due care and return it intact, complete, fully functional, unaltered, fit for its intended use and free from signs of wear or dirt. The right of withdrawal applies to the Product in its entirety.

11.10 If the right of withdrawal has not been exercised in accordance with applicable law, the contract will not be terminated and no refund will be due. Within five working days of receiving the Product, IMO will notify the user by email that the request has been rejected. The Product will remain available for collection from IMO at the user’s expense and risk.

12. Statutory legal guarantee of conformity

12.1 All Products sold on the Website are covered by the statutory legal guarantee of conformity under Articles 128–135 of the Consumer Code (the “Legal Guarantee”).

12.2 Who is covered

The Legal Guarantee applies only to consumers who purchased through the Website for purposes unrelated to any business, commercial, craft or professional activity they may carry out.

12.3 When it applies

The seller is liable to the consumer for any lack of conformity existing at delivery and becoming apparent within two years of delivery. The defect must be reported to the seller within two months of discovery, otherwise the guarantee may be forfeited.

Unless proven otherwise, defects appearing within six months of delivery are presumed to have existed at delivery, unless this is incompatible with the nature of the Product or defect. From the seventh month after delivery, the consumer must prove that the lack of conformity already existed when the Product was delivered.

12.4 To benefit from the Legal Guarantee, users must first provide proof of the purchase and delivery dates. Users should therefore keep the order confirmation or

purchase invoice, or any other document proving the purchase and delivery dates, such as a credit-card statement or bank statement.

12.5 What constitutes a lack of conformity

A Product lacks conformity when it:

• is not fit for the purpose for which goods of the same type are normally used;
• does not conform to the seller’s description on the Product Page;

12.6 The Legal Guarantee does not cover defects caused by accidental events, the user’s actions or use of the Product contrary to its intended purpose or the instructions on its label.

12.7 Remedies available to the user

If a lack of conformity is reported within the required time, the user is entitled to:

• first, replacement of the Product free of charge, at the user’s choice;
• second, if replacement is impossible or excessively costly, is not completed within a reasonable time, or a previous replacement has caused significant inconvenience, a price reduction or termination of the contract, at the user’s choice.

A remedy is excessively costly if it imposes unreasonable costs on the seller compared with alternative remedies, taking into account (i) the value the Product would have without the defect, (ii) the seriousness of the lack of conformity, and (iii) whether the alternative remedy could be provided without significant inconvenience to the consumer.

12.8 What to do if a lack of conformity is found

If a Product appears to have a lack of conformity during the Legal Guarantee period, the user must contact IMO using the details in Section 13 below. IMO will promptly respond and explain the procedure to follow, taking into account the Product category and the reported defect.

IMO remains responsible for applying the Legal Guarantee to the Products.

12.9 IMO reserves the right to ask the user to attach the order invoice to a request under the Legal Guarantee of Conformity.

13. Customer service and complaints

13.1 Information requests, communications and complaints may be sent to IMO S.p.A. using the following contact details:

• by email at info@imospa.it;
• by telephone at +39 02909313220; or by post to IMO S.p.A., Via
• Firenze 34, 20060 Trezzano Rosa (MI), Italy

13.2 IMO will respond to complaints by email or post within a maximum of two days of receipt.

14. Governing law; out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution

14.1 Purchase contracts concluded on the Website are governed by Italian law.

14.2 For consumers whose habitual residence is outside Italy, any more favourable mandatory provisions of the law of their country of residence remain applicable, particularly those concerning the withdrawal period, return deadlines, how withdrawal must be notified and the statutory guarantee of conformity.

14.3 For users acting as consumers, any dispute concerning the application, performance or interpretation of these Terms of Sale falls within the jurisdiction of the courts of the place where the user resides or has elected domicile.

14.4 Under Article 141-sexies(3) of Legislative Decree No. 206 of 6 September 2005 (the Consumer Code), IMO informs consumers as defined in Article 3(1)(a) that, if they submit a complaint directly to IMO and the resulting dispute cannot be resolved, IMO will provide information about the Alternative Dispute Resolution (ADR) body or bodies available to resolve out-of-court disputes arising from contracts governed by these Terms (the ADR bodies referred to in Articles 141-bis et seq. of the Consumer Code), and will state whether it intends to use them to resolve the dispute. IMO also informs consumers that a European online dispute resolution platform (ODR platform) has been established. It is available at https://ec.europa.eu/consumers/odr/, where consumers can consult the list of ADR bodies, access their websites and initiate online dispute-resolution proceedings. Consumers retain the right to bring a dispute arising from these Terms before the competent ordinary court, regardless of the outcome of any out-of-court procedure, and may also use the consumer-dispute procedures provided for in Part V, Title II-bis of the Consumer Code where applicable. Users residing in another EU Member State may also access the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for disputes not exceeding €2,000, excluding interest, rights and costs. The Regulation is available at www.eur-lex.europa.eu.

Under Article 49(1)(v) of Legislative Decree No. 206 of 6 September 2005 (the Consumer Code), customers may also use the Joint Conciliation procedure. Consumers may initiate this procedure if, after submitting a complaint to the company, they have not received a response within 45 days or are dissatisfied with the response received.
Customers wishing to use the Joint Conciliation procedure must submit their request to conciliazione@consorzionetcomm.it or by fax to +39 02 87181126. For further information, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione- Paritetica.kl”