TERMS OF SALE

1. Object

1.1 These general conditions of sale (hereinafter also the “ Conditions ”) apply to the purchase of products under the “Gelsomino Sua Maestà la Sicilia” brand (hereinafter the “ Products ” or the singular “ Product ”) carried out through the e-commerce site shop.suamaestasicilia.com (hereinafter the “ Site ”) by users who can be classified as “Consumers” pursuant to the following article

1.2. The Site is owned and managed by Gelsomino Srl, with registered office in Furnari (ME), Via Prestipaolo 14 – 98054, tax code, VAT number and registration number in the Messina Company Register 02970800831 (hereinafter “ Owner ”)

1.3. Gelsomino Srl deals with the sale of Products through the Site. Purchases of Products made through the Site will see as parties Gelsomino Srl, as seller (hereinafter the “ Owner ”), and the person who proceeds with the purchase of one or more Products for purposes not related to his/her entrepreneurial, commercial, artisanal or professional activity, as buyer (hereinafter the “ Consumer ”), (Owner and Consumer will be collectively referred to as the “ Parties ”).

1.4. The Owner is a party to these Conditions, owner of the rights to the domain name of the Site, the logos and trademarks, relating to the Products presented on the Site, as well as the copyright on the contents of the Site, with the exception of some contents of external origin, such as the logos of our partners Paypal, Poste Italiane etc.

1.5. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Owner at the addresses and according to the methods indicated on the Site and to the e-mail address help@suamaestasicilia.com

1.6. Each purchase is governed by the general conditions of sale in the version published on the Site at the time the order is transmitted by the Consumer.

1.7. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are invited not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply but, in derogation of the provisions of the same: a) the buyer will not be granted the right of withdrawal pursuant to Article 10; b) the buyer will not be able to benefit from the guarantee on the Products indicated in Article 8; c) the buyer will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law; d) the sales contract concluded between the Owner and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.

1.8. At the same time as transmitting the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions will be sent to him via e-mail to the address declared by the same during registration on the Site or during the purchase process.

1.9. In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.

1.10. Any costs for connecting to the Site via the Internet, including telephone costs, shall be borne exclusively by the Consumer, according to the rates applied by the operator selected by the Consumer.

2. PRODUCT CHARACTERISTICS, PRICES AND AVAILABILITY IN DIFFERENT GEOGRAPHICAL AREAS

2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.

2.2. The Owner reserves the right to modify these Conditions at any time, at its sole discretion, without the need to provide any prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date to the Consumer who has expressly accepted them in the new version.

2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. Such changes apply only to orders not yet confirmed on the date of the change. In any case, before sending the purchase order pursuant to the following paragraph 3, the Consumer is invited to check the final sale price.

2.4. The information on the availability of the products we sell is listed on the site, as well as on the presentation page of each product. The estimated times of sending and delivery of the products are purely indicative and, also due to factors external to Gelsomino Sua Maestà la Sicilia.

2.5. Once the order has been received, the Owner reserves the right to communicate via email (or if possible also through other direct communication channels, such as telephone) if some of the products ordered are not available, proposing the replacement of the missing item with a different one chosen by the Consumer. Any price differences compared to the amount already paid must therefore be paid using the payment method chosen by the Consumer when placing the order. If the Consumer refuses the proposal, the order will be cancelled or partially processed (in the case of orders with multiple items): the amount paid for the missing item will then be refunded, always using the payment method chosen by the Consumer when placing the order.

2.6. Price Errors. Even and despite the assiduous checks, it is possible that, for a limited part of the items in the catalogue, a price different from the actual one is indicated by mistake: for this reason the Owner undertakes to constantly check the correctness of the prices of the products during the order verification process and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, the Owner reserves the right to contact the Consumer to verify whether he/she still wishes to purchase the product at the correct price and in the event that the Consumer does not accept this proposal, the order will be cancelled or partially processed (in the case of orders with multiple items).

2.7. The Site can be accessed from all over the world. However, the Products available on the Site can be purchased exclusively by users who request delivery in ITALY and EUROPE.

3. METHODS OF PURCHASING PRODUCTS – COMPLETION OF EACH SINGLE PURCHASE CONTRACT

3.1. Each presentation of individual Products on the Site, which is not binding for the Owner, represents a mere invitation to the Consumer to formulate a contractual purchase proposal (and not an offer to the public by the Owner), lacking the essential elements that the Consumer himself must define when ordering (quantity, etc.).

3.2. When registering on the Site or (in the case of an unregistered user) when placing an order, the Consumer must accept these Conditions in full and without reservation (as an offer to the public) via the Site, constituting the framework agreement to regulate the relationship between the Consumer and the Owner, including individual Orders. Instead, each individual purchase order, sent by the Consumer to the Owner via the Site, has the value of a contractual proposal from the Consumer to the Owner (even if regulated by these Conditions, of which it constitutes an attachment). Therefore, before proceeding to accept these Conditions, the Consumer will be asked to read them carefully, including the information on the right of withdrawal, to print a copy using the print command and to save or reproduce a copy for personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data. Even before proceeding with each individual Order, the Consumer will be asked to read it carefully, to print a copy using the print command and to save or reproduce a copy for his/her own personal use, as well as being asked to identify and correct any errors in the entry of his/her data.

3.3. Each individual Purchase Order of the Consumer - being a proposal of the Consumer to the Owner, as stated above - is accepted by the Owner (able to guarantee the availability of the Product pursuant to par. 2.5) by sending to the Consumer, to the email address declared by the latter to the Owner (at the time of registration on the Site or of the transmission of the order if the Consumer is not registered on the Site), an email of confirmation and acceptance of the Order itself, which will contain the link to the text of these Conditions, the summary of the individual Order placed, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer's Order, the confirmation and acceptance of the Owner and the Conditions applicable to the relationship between the Parties will be electronically archived by the Owner in its computer systems - the Consumer may request a copy by sending a communication via email to the Owner at help@suamaestasicilia.com

3.4. In order to guarantee the correct delivery of the order which is the object of the contractual relationship, the consumer may request changes to the order, to the heading or shipping data within a maximum of 12 working hours from the receipt of the order confirmation email. After this period, made available by Gelsomino Srl, it will not be possible under any circumstances to make changes to the order.

3.5. Each purchase contract for the Products is considered concluded when the Consumer receives confirmation of the order from the Owner via email.

4. PRODUCT SELECTION AND PURCHASE PROCEDURE

4.1. The Products presented on the Site may be purchased by selecting the products of interest to the Consumer and adding them to the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) log in, if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the contract to be finalized.

If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm his/her data (for example but not limited to: name, surname, etc.), as well as the address to which the selected Products are to be delivered, the billing address and, optionally, a telephone number where he/she can be contacted for any communications relating to the purchase made.

The Consumer will see a summary of the order to be executed, the contents of which he can modify: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site and finally, through the "Proceed € (total amount of items)" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Owner and will produce the effects described in the previous paragraph 3.2. of this contract.

The Consumer will also be asked to choose the shipping method and the payment method, among those made available from time to time by Gelsomino Srl. If the Consumer decides for the immediate payment method (concurrent with the purchase) by credit card, PayPal, he/she will be required to communicate the relevant data via a secure connection. For accounting and administrative purposes, the Owner reserves the right to verify the personal details indicated by the Consumer.

If payment is made by credit card, the purchase amount will be charged exclusively upon transmission of the order confirmation by the Owner to the Consumer.

If, during the Product selection procedure on the Site referred to in the previous point 4.1, the Consumer finds that the price of one or more of the Products that he intends to select for the subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem that has occurred on the Site, he is requested not to complete his purchase order and to report the aforementioned technical error to the Owner's Customer Service, by sending an email to the email address help@suamaestasicilia.com .

5. DELIVERY OF GOODS AND ACCEPTANCE

5.1. The Site indicates the availability of the Products and their delivery times, however, this information is to be considered purely indicative and not binding for the Owner.

5.2 The Owner undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum of 30 (thirty) days starting from the day following the day on which the Consumer sent the order. In the event of failure to execute the order by the Owner, due to the unavailability, even temporary, of the Product, the Owner will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following paragraph 6.1.

5.3. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from the receipt of the payment by the Owner. For payments made by credit card, a working day must be added to the normal shipping times for normal administrative checks.

5.4. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly check and in the shortest possible time that the delivery includes all and only the Products purchased and to promptly inform the Owner of any defect in the Products received or their non-conformity with the order placed, according to the procedure set out in the following art. 8 of these Conditions, failing which the Products will be deemed accepted.

5.5 If the packaging or wrapping of the Products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation": furthermore, in such an event the Consumer must report the incident via email to help@suamaestasicilia.com .

5.6 If it is not possible to deliver the order to the Consumer (due to non-acceptance and refusal of delivery or due to impossibility of delivering the order after two delivery attempts e.g. due to "absent recipient") the order will be returned to the sender, at the warehouses of Gelsomino Srl. Upon return of the shipment, the order will be managed as a "sealed return": the refund will be processed in favour of the customer within 14 working days, reimbursing the entire value of the items previously purchased, excluding any shipping costs, using the same payment method chosen by the Consumer during the order phase.

6. PRICES, SHIPPING COSTS, TAXES AND CHARGES

6.1. All prices are inclusive of VAT applicable by law and include standard packaging costs and any indirect taxes (where applicable), while they do not include shipping costs which are calculated before the order confirmation sent by the Owner to the Consumer and which the Consumer undertakes to pay to the Owner in addition to the price indicated on the Site.

7. PAYMENTS

7.1. The Consumer expressly accepts that the execution of the contract by the Owner will begin at the moment of crediting the price of the purchased Product(s) to the Owner's current account, in response to the contractual acceptance provided by the Owner pursuant to the previous paragraph 3.

7.2. Payment may be made by credit card or via PayPal, under the conditions described below. The Owner may allow additional payment methods, indicating them in the payments section of the Site.

7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Stripe Payments Europe, Ltd (Irish company), the operator that handles payments on behalf of the Owner. The data transmitted will be sent in secure mode, using encrypted data transfer. Such data is not accessible even to the Owner.

7.4. If payment is made by bank transfer to the Owner, the Consumer must indicate the “Swift” and “IBAN” codes shown in the order confirmation, as well as the order number.

7.5. The Owner will promptly send the Consumer, where required by applicable law, in electronic format via email to the address declared by the latter, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory.

8. LEGAL GUARANTEE OF CONFORMITY OF THE OWNER, REPORTING OF DEFECTS OF CONFORMITY AND INTERVENTIONS UNDER THE WARRANTY

8.1. Pursuant to and for the purposes of EU Directive 2019/771 and Italian Legislative Decree no. 206/2005 (hereinafter “ Consumer Code ”, as amended by Legislative Decree 170/2021), the Owner guarantees the Consumer that the Products will be free from design and material defects and compliant with the descriptions published on the Site (as well as with the reasonable expectations of the Consumer), for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in the event of use or washing of the Product not in accordance with that of the Product and the instructions/warnings provided by the Owner, or reported in the reference illustrative documentation, on the tags or on the labels.

8.2. Under penalty of forfeiture of this guarantee, the Consumer must report any defects and non-conformities, for example by sending a message to the Customer Service at help@suamaestasicilia.com Customer Service of the Owner, by email to help@suamaestasicilia.com , indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Owner and/or the receipt).

8.3. Following receipt of the form and related documentation, the Owner will assess the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after having carried out the quality controls to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback, containing the "Return Code", via email to the address provided by the latter during the registration process on the Site or during the order transmission phase. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Owner has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication containing the "Return Code", within 30 (thirty) days of reporting the defect or non-conformity, to the following address:

Gelsomino Srl Via Prestipaolo 14, 98054 Furnari (ME)

8.4. In the event of defects or non-conformity, the Consumer will have the right to have the Product brought into conformity by the Owner, through repair or replacement, or to alternative remedies (price reduction or termination of the contract) in the cases expressly provided for by art. 135-bis of Legislative Decree no. 206/2005, as better illustrated in the specific dedicated page of the Site.

If the Owner has undertaken to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to communicate to the Owner, always by email to help@suamaestasicilia.com , the bank details to make the transfer in his favor and to ensure that the Owner is put in a position to be able to return the amount due.

9. LIABILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS

9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Owner, in his capacity as distributor of the Products via the Site, is freed from any liability, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relevant manufacturer.

10. RIGHT OF WITHDRAWAL

10.1 Without prejudice to the exceptions set out in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within 15 (fifteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product was delivered.

10.2 To exercise the right of withdrawal, the Consumer, before the expiry of the term referred to in the previous paragraph 10.1, may access the dedicated page to issue a return request by filling in and entering all the required data: the form must then be inserted in the return package and sent according to the methods described in exchanges and returns . Alternatively, the Consumer can send an explicit declaration for example via the contact form or to the e-mail address help@suamaestasicilia.com .

10.3 Following the provisions of the previous paragraph 10.2, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing, in the event that he has already received the ordered product in the meantime, the return form to be included in the package, and the instructions for returning the product, to be sent within and no later than the following 6 days to:

Gelsomino Srl Via Prestipaolo 14, 98054 Furnari (ME)

10.4 If the Consumer has received the product, he/she is required to return it to the address above without undue delay and, in any case, within 6 days from the day on which you communicated the withdrawal. The deadline is respected if the Consumer returns the goods before the expiry of the 6-day period. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer. If the Consumer exercises the withdrawal via the Site, before confirming the withdrawal request, the cost for returning the goods will be indicated to him/her, if he/she wishes to use the return service offered by the Site.

10.5 In the event of withdrawal, the Consumer will be refunded for the payments made, excluding delivery costs (and except in the case of withdrawal for only one or some of the products included in an Order subject to a single delivery, the refund of delivery costs will be reduced proportionately), without undue delay and, in any case, no later than 6 days after exercising the right of withdrawal. Said refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund on a different means of payment, in which case any additional costs arising from the different means of payment will be borne by the Consumer. If the Consumer has chosen Cash on Delivery as the payment method, for the purposes of the refund he will be required to indicate a valid IBAN to obtain a refund via bank transfer. If the customer cannot provide an IBAN, the credit may be paid as a discount code to be used always on the online shop. The refund may be suspended until the goods are received or until the Consumer has demonstrated that he has sent back the goods, whichever is earlier.

10.6 The Consumer is responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the instructions/notes/manuals attached, the original packaging and wrapping and the guarantee certificate, where present, the Consumer will be responsible for the decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Owner and/or its assignees, without access to the Site and/or the purchase of the Products being able to derive any right to the Consumer over the same.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner and the Owner.

12. CONSUMER DATA AND PRIVACY PROTECTION

12.1. In order to proceed with registration, order forwarding and conclusion of these Conditions, some personal data are requested from the Consumer through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Owner and the Controller, in accordance with and in compliance with the provisions of Reg. 2016/679/EU – GDPR and Italian law Legislative Decree no. 196/2003 and subsequent amendments – Privacy Code, to execute each purchase made through the Site and, subject to his/her consent, for any additional activities as indicated in the specific privacy information provided to the Consumer through the Site at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Owner during the registration and purchase process are correct and truthful.

12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Owner through the specific section of the Site “Account” accessible after authentication.

12.4. For any further information on the methods of processing of the Consumer's personal data, please access the Privacy Policy section and the information published on the Site, as well as carefully read the General Conditions of Use .

13. SECURITY

The Owner, with regard to data relating to credit card payments, uses the services of the company Stripe Payments Europe Ltd which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

14. APPLICABLE LAW, CONCILIATION ATTEMPT AND JURISDICTION

14.1. Each sales contract concluded between the Owner and the Consumers pursuant to these Conditions will be governed by and interpreted in accordance with Italian law and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 no. 70 on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law in force in the State of the latter will be safeguarded, such as Chapter I Title III Part III of the Consumer Code (art. 45-67 Legislative Decree 206/2005).

14.2. In the event of disputes between the Owner and a Consumer, we hereby guarantee our participation in an attempt at amicable conciliation that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and safe way on the Internet. For more information on the RisolviOnline regulations or to send a request for conciliation, access www.risolvionline.com .

14.3. As an alternative to the conciliation attempt referred to in the previous point 14.2, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform ) for the resolution of any dispute between the Owner and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, selectable from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative dispute resolution procedure relating to this contract, access the following link: http://ec.europa.eu/odr. The email address of the Owner to be indicated on the European ODR Platform is the following: help@suamaestasicilia.com .

14.4. If the conciliation attempt referred to in the previous point 14.2 or 14.3 is not adhered to or if such attempt has a negative outcome, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.