General Terms and Conditions of Sale

PREAMBLE

This notice is provided for the website https://www.radicitartufi.it (the “Website”).

Seller’s Details: Marco Giovanni Favaretto, with registered office in Mongardino, Via Serra D’Asti 12/A, VAT No. 01764640056, Phone +39 3517775829, Email info@radicitartufi.it, registered with the Chamber of Commerce of Asti/Alessandria (the “Seller”).

1. Scope of Application

2. Purchases on the Website

3. Products avaliability

4. Prices

5. Payment Methods

6. Delivery of Products

7. Right of Withdrawal

8. Legal Guarantee of Conformity

9. Manufacturer’s Warranty

10. Applicable Law and Jurisdiction; Out-of-Court Dispute Resolution

11. Costumer Care

12. Reviews

13. Miscellaneous

1. Scope of Application

1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Website.

1.2 Where permitted by the Website, entering Your tax identification code (codice fiscale) when making a purchase implies that You are acting as a Consumer pursuant to Article 3, paragraph 1, letter a) of the Italian Consumer Code (Legislative Decree No. 206 of 6 September 2005). Please note that a Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity that may be carried out. If, on the other hand, it is possible to enter a VAT number (Your own or that of a legal entity), this implies a purchase as a “Business Customer”, pursuant to Article 3, paragraph 1, letter c) of the Consumer Code. A Business Customer is a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than as a Business Customer will be described later in this document.

1.3 The time periods indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Website are to be considered merely indicative. Colors may differ from the actual ones due to the settings of the IT systems or computers You use to view them.

1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new terms will come into effect upon their publication on the Website. You are therefore invited to access the Website regularly and to consult the most updated version of the General Terms and Conditions of Sale before making any purchase.

1.5 The applicable General Terms and Conditions of Sale are those in force at the date the purchase order is submitted.

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Website through links, banners or other hyperlinks. Before entering into commercial transactions with such parties, it is necessary to verify their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not exercise any control and/or monitoring over websites accessible through such links. The Seller is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or violations of law by them.

1.7 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Website, including during the purchase process.

1.8 The Seller shall in no event be held liable to You or third parties for any indirect, incidental, special or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Website or the inability to use it. The Seller cannot guarantee or affirm that: (i) the Website is free from viruses or programs that may damage data; (ii) the information contained on the Website is accurate, complete and up to date.

1.9 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Website. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.10 All elements of the Website are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Website.

2. Purchases on the Website

2.1 To make purchases on the Website, You must follow the procedure on the Website itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller’s server. During promotional campaigns, the Customer may receive one or more complimentary gifts upon reaching certain spending thresholds indicated in the shopping cart or upon completing certain activities on the Website.

The gifts are free, non-exchangeable and cannot be converted into cash or other goods, and are offered while stocks last. The availability and type of gifts may vary without notice, including due to logistical or inventory requirements. The Customer may select the desired gift from those available at the time of purchase. In the event of a partial or total return of the order, the gift must be returned intact and unused. Otherwise, the commercial value of the gift may be deducted from the amount to be refunded.

2.2 You undertake to immediately inform the Seller if You suspect or become aware of any unauthorized use or disclosure of any information You have entered on the Website.

2.3 You warrant that the personal information provided is complete and accurate and undertake to hold the Seller harmless and indemnify it from any damage, liability and/or penalty arising from and/or in any way connected to the breach of this undertaking. You agree to immediately notify the Seller if You suspect or become aware of any unauthorized use or disclosure of Your login credentials to the Website.

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any legal provisions.

2.5 To place orders on the Website, You must read and accept these General Terms and Conditions of Sale by checking the appropriate box on the checkout pages. Failure to accept these General Terms and Conditions of Sale will prevent You from making purchases on the Website.

2.6 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Website and is therefore (i) the party to whom the user submits their order, in order to accept the offer and conclude the sales contract; (ii) the party who assumes pre-contractual obligations towards the user arising from the offer; (iii) the party who enters into the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Website is therefore entered into between the user and the Seller.

2.7 On the Website and in communications with customers relating to the Website, the Seller reserves the right to operate under its own trade name. Therefore, when the Seller’s trade name is used on the Website and/or in customer communications relating to the Website, or when the first person plural (“We”) is used, the reference is to be understood as referring to both the Website and the Seller.

2.8 Food products are sold on the Website. Before purchasing any food product offered for sale on the Website, You are requested to inform the Seller if You suffer from any type of allergy, sensitivity or food intolerance. If You fail to provide this information, the Seller is in no way liable for any damage You may have suffered from purchasing food products on the Website.

2.9 Following Your purchase, You will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller’s details; (ii) characteristics of the Product purchased; (iii) purchase price and any applicable taxes; (iv) any additional charges; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.

2.10 The colors of the Products displayed on the Website are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product differs from the user’s expectations. Users are invited to contact the Seller if they have any doubts about the color of one or more Products on the Website.

3. Products avaliability

3.1 I Prodotti offerti sul Sito sono in numero limitato. Può quindi accadere, anche a causa della possibilità che più utenti acquistino contemporaneamente lo stesso Prodotto, che il Prodotto ordinato non sia più disponibile successivamente alla trasmissione dell’ordine di acquisto.

3.2 Product availability information is not available on the Website. However, You may contact the Seller at the contact details provided in the preamble to receive information regarding product availability.

3.3 You will be informed if the Product ordered is unavailable. In this case, You will be entitled to terminate the purchase contract. However, please note that before You request termination of the contract, the Seller reserves the right to implement the following measures:

• The Seller will offer a discount voucher to be used for purchases on the Website. The voucher amount, the period within which it may be used, and any limitations will be communicated by the Seller from time to time.

3.4 If a refund is requested for payment made for Products that subsequently proved to be unavailable, the Seller will process the refund within a maximum period of 5 days.

3.5 If You exercise Your right to terminate, the contract shall be terminated. If payment of the total amount due, consisting of the Product price, shipping costs (if applicable), and any other additional costs as shown in the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the “Payment Methods” section below.

4. Prices

4.1 Prices on the Website include VAT. For sales to countries outside the European Union, the prices shown do not include taxes or customs duties. Such charges shall be borne by the customer and must be paid at customs upon delivery.

4.2 Furthermore, prices on the Website do not include the WEEE contribution as the Products sold are not subject to the relevant regulations.

4.3 The Seller reserves the right to change Product prices at any time without notice; however, the price charged to You will be the one displayed on the Website at the time You place Your order, and any subsequent price changes (increases or decreases) after the order is submitted will not apply.

4.4 Shipping costs depend on the weight and volume of the Products ordered, as indicated during the checkout process.

4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or actual receipt of the Total Amount Due. Ownership of the Products will be transferred to You at the time of shipment, meaning when the Products are handed over to the carrier. However, the risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to You when You, or a third party designated by You other than the carrier, physically takes possession of the Products.

4.6 The purchase contract is subject to termination in the event of non-payment of the Total Amount Due. Unless otherwise agreed with You in writing, the order will consequently be cancelled.

4.7 If there is an error in the Product price shown on the Website, the Seller reserves the right to communicate the correct price to the customer even after the purchase order has been completed. In this scenario, the customer may choose to accept the new price or cancel the purchase contract. The Seller may also cancel the purchase contract for the Product in such cases. The Seller may also cancel the sale if there is an error in Product availability. Prices shown on the Website do not include any taxes, duties or additional charges, such as customs duties or clearance costs, which may be applicable depending on the country of destination and are in any case the customer’s responsibility.

5. Payment Methods

5.1 This section describes the payment methods available on the Website. Users can find more information by accessing the “Payments” section on the Website. Users can access this section directly from the Website footer.

5.2 You can make purchases on the Website using payment cards. The charge will be processed only after (i) Your payment card details have been verified and (ii) the issuing company of Your payment card has authorized the charge. In accordance with Directive 2015/2366/EU on payment services in the internal market (PSD2), please note that You may be required to complete the checkout process by satisfying the authentication requirements of the payment institution handling the online payment transaction. The authentication criteria relate to Your identity and simultaneous knowledge of the authentication code sent by the payment institution (Strong Customer Authentication). Failure to complete the above procedure may result in the inability to finalize Your purchase on the Website. Confidential payment card data (card number, cardholder name, expiration date, security code) is encrypted and transmitted directly to the payment processor without passing through the Seller’s servers. Therefore, the Seller never has access to and does not store Your payment card data used to purchase Products, even if You choose to save such data on the Website. Accepted payment cards can be viewed in the Website footer and/or during the checkout process.

· Alipay.

· WeChat Pay.

· VISA.

· MasterCard.

5.3 Bank transfer payments are not accepted on the Website.

5.4 Cash on delivery is not available on the Website, unless otherwise agreed with the Seller.

5.5 You can complete Your purchase on the Website by entering discount codes, coupons or vouchers. If the discount code value is less than the order amount, the remaining balance can be paid using the payment methods available on the Website. Each discount code may be

used for one purchase only and cannot be combined with other discounts or ongoing promotions. Under no circumstances can discount vouchers be redeemed for cash.

5.6 Any alternative payment methods other than those indicated above are or will be described in this section.

• Purchases on the Website can also be made using PayPal. If You choose PayPal as Your payment method, You will be redirected to www.paypal.com where You will complete the payment according to PayPal’s procedures and the terms and conditions agreed between You and PayPal. Data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller cannot access and does not store in any way the payment card details linked to Your PayPal account or any other payment instrument connected to that account.

5.7 In accordance with Legislative Decree No. 26 of 7 March 2023, prices published on the Website have not been personalized based on automated decision-making. Therefore, prices displayed on the Website are not influenced by the consumer’s previous behavior.

5.8 Should the Seller, for any reason, need to issue a refund to You for the purchase of one or more Products, the Seller will process the refund using the same payment method used by You, unless otherwise agreed between You and the Seller. Any delays in receiving the refund may depend on Your bank, credit card type, or payment solution used.

6. Delivery of Products

6.1 Products are delivered to: Europe. Users can find more information by accessing the “Shipping” section on the Website, available directly from the Website footer. In case of any discrepancy between this document and the Shipping section, the latter shall prevail.

6.2 The delivery obligation is fulfilled by transferring physical possession or control of the Product to You.

6.3 Product delivery time from order submission: 7 days.

6.4 The timeframe specified in article 6.3 is indicative and not binding. The Seller therefore reserves the right to deliver the Products within 30 days from order submission. It is Your responsibility to verify the condition of the delivered Product. Notwithstanding that the risk of loss or damage to the Product (except where caused by the Seller) transfers when You or a third party designated by You (other than the carrier) physically takes possession of the Product, the Seller recommends that You verify the number of Products received and that the packaging is intact, undamaged, neither wet nor otherwise altered, including the sealing materials. In Your own interest, You should note any anomalies on the carrier’s delivery document and accept the package with reservation. If the packaging shows evident signs of tampering or alteration, You should promptly notify the Seller.

6.5 Regarding the option to request delivery of Products to a “collection point”, the Seller informs You that the Website does not offer the possibility of collecting the Product at a

“collection point” other than the address You provided during the checkout process. However, You are advised to regularly check the Website to see if this delivery option becomes available in the future.

6.6 You acknowledge that collecting the Product is Your specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and claim compensation for any damage suffered due to Your failure to collect the Product.

7. Right of Withdrawal

7.1 You are advised to carefully review this section, which governs the right of withdrawal.

7.2 The right of withdrawal is the Consumer’s right to cancel the purchase contract without being obliged to provide a reason. If You purchased as a Business Customer, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Section 7. If there are no exceptions to the right of withdrawal, this Section 7 applies in full.

• Products sold on the Website are perishable or may expire quickly. For this reason, the rules on the right of withdrawal do not apply, as otherwise the Seller would be unable to resell Products that are no longer usable by purchasers.

• The Website sells sealed goods that are not suitable for return for hygiene reasons or reasons related to health protection. If these Goods have been opened after delivery, You lose the right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.

7.3 If You are a Consumer (and provided that no exceptions set forth in this Section apply), You have the right to withdraw from the Product purchase contract without giving any reason and without incurring any costs other than those specified in this Section, within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires 14 days:

• in the case of an order for a single Product, from the day on which You or a third party designated by You, other than the carrier, acquires physical possession of the Product;

• in the case of a Multiple Order with separate deliveries, from the day on which You or a third party designated by You, other than the carrier, acquires physical possession of the last Product; or

• in the case of an order for delivery of a Product consisting of multiple batches or pieces, from the day on which You or a third party designated by You, other than the carrier, acquires physical possession of the last batch or piece.

7.4 To exercise Your right of withdrawal, You must inform the Seller of Your decision to withdraw before the Withdrawal Period expires. For this purpose, You may contact the Seller using the contact details provided in the Preamble or use the contact form available on the Website, if any. You will have exercised Your right of withdrawal within the Withdrawal Period if Your notification is sent before the Withdrawal Period expires.

7.5 Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as well as responsibility for their transport. In the event of exercising the right of withdrawal, the Product must be delivered to the Seller’s registered office or to a different address communicated by the Seller.

7.6 Where withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs if applicable, without undue delay and in any event no later than 14 calendar days from the day the Seller was informed of Your decision to withdraw from the contract. The refund will be processed using the same payment method used for the initial transaction, unless otherwise agreed between You and the Seller. If the Products were shipped using a carrier chosen by the Consumer at the Consumer’s expense, the Seller may withhold the refund until receipt of the Products or until proof is provided by the Consumer that the Products have been returned, whichever occurs first.

7.7 The Consumer is liable only for any diminished value of the goods resulting from handling of the Product beyond what is necessary to establish its nature, characteristics and functioning. The Product must in any event be kept, handled and inspected with normal care and returned intact, complete in all its parts, fully functional, together with all accessories and instruction sheets, with identification tags, labels and tamper-proof seals, where present, still attached to the Product and intact and unaltered, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product in its entirety. It cannot therefore be exercised with respect to parts and/or accessories of the Product.

7.8 If the Product for which withdrawal has been exercised has suffered a diminished value resulting from handling beyond what is necessary to establish its nature, characteristics and functioning, the Seller reserves the right to deduct from the refund amount a sum equal to such diminished value. The Seller will notify You of this circumstance and the resulting reduced refund amount, providing bank details for payment of the amount owed by You due to the diminished value of the Product if the refund has already been issued. If the right of withdrawal has not been exercised in accordance with applicable law, it will not result in termination of the contract and consequently will not entitle You to any refund.

7.9 This Section governs a very important matter relating to return costs in case of withdrawal. In light of the above, the Seller deems it appropriate to emphasize that return costs for the Product will be borne by You and are Your responsibility.

Products must be returned to the address indicated in the “Seller’s Details” section in the Preamble or to the address communicated by the Seller from time to time.

7.10 Without prejudice to the right of withdrawal, where applicable, and the rights provided under the legal guarantee of conformity, the customer may not request replacement of the Product.

8. Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for Consumers. It therefore applies only to users who have made purchases on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity that may be carried out.

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of delivery. In any event, the action to enforce defects not fraudulently concealed by the Seller is barred after twenty-six months from delivery of the goods.

8.3 Unless proven otherwise, it is presumed that defects of conformity appearing within twelve months of delivery of the Product already existed at that date, unless this presumption is incompatible with the nature of the Product or the nature of the defect of conformity. From the twelfth month following delivery of the Product, it shall be the Consumer’s burden to prove that the defect of conformity already existed at the time of delivery.

8.4 In case of lack of conformity of the goods, the Consumer has the right to restoration of conformity, to receive a proportionate price reduction, or to termination of the contract on the basis of the conditions established by Article 135-bis and following of the Consumer Code.

8.5 The Seller is not liable for damages of any kind arising from improper use of the Product and/or use not in accordance with the manufacturer’s instructions, nor for damages arising from unforeseeable circumstances or force majeure.

8.6 If You made the purchase as a Business Customer, the preceding paragraphs of this Section do not apply. In this case, the legal guarantee is governed by Articles 1490 et seq. of the Italian Civil Code; specifically, the period for reporting any defects is 8 days from discovery and the action is barred after 1 year from delivery.

8.7 In the event of a product safety recall, ordered by the responsible economic operator or mandated by a competent authority, the economic operator undertakes to offer the Consumer an effective, free and timely remedy. The Consumer may choose between at least two of the following options, unless one of the solutions is impossible or involves disproportionate costs for the economic operator: (i) repair of the recalled Product; (ii) replacement of the recalled Product with a safe product of equal value and quality; (iii) refund of the value of the recalled product, at least equal to the price paid. If repair or replacement is not completed within a reasonable time or causes significant inconvenience to the Consumer, the Consumer shall be entitled to a refund. If the recall provides that the Consumer can carry out the repair independently in a simple and safe manner, the economic operator shall provide all necessary instructions, free spare parts and, if necessary, software updates. Such repair shall not prejudice the Consumer’s rights under applicable European legislation. If the recalled Product is disposed of by the Consumer, this must be done safely and does not prejudice the Consumer’s right to a refund or replacement as provided in these terms. The proposed remedies must not involve shipping or return costs borne by the Consumer. For any non-transportable Products, the economic operator shall arrange collection directly from the Consumer. For the purposes of this clause and in accordance with EU Regulation 2023/988, “economic operator” means any party involved in the supply and distribution chain, including manufacturers, importers, distributors or other entities responsible for placing products on the market or managing products intended for consumers.

9. Manufacturer’s Warranty

The Manufacturer’s Warranty is a supplementary guarantee in addition to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. Except as otherwise indicated on the Website, Products sold on the Website are not covered by a Manufacturer’s Warranty. You may in any event enforce Your rights under the Legal Guarantee of Conformity governed by the previous Section.

10. Applicable Law and Jurisdiction; Out-of-Court Dispute Resolution

10.2 Please note that in the case of a Consumer user, for any dispute relating to the application, performance and interpretation of this document, the court of the place where the user resides or has elected domicile has jurisdiction. In the case of a Business Customer, for any dispute relating to the application, performance and interpretation of this document, the competent court is that of the place where the Seller is located as indicated in the Preamble.

10.3 The Seller informs users who qualify as Consumers that, in the event they have submitted a complaint directly to the Seller which has not resolved the dispute, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to use such bodies to resolve the dispute.

10.4 In any event, the Consumer user’s right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer matters through the procedures referred to in Part V, Title II-bis of the Consumer Code.

Users residing in a European Union member state other than Italy may also access, for any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the claim does not exceed EUR 5,000.00, excluding interest, rights and costs. The text of the regulation is available at http://www.eur-lex.europa.eu.

11. Costumer Care

11.1 You may request information, send communications, request assistance or submit complaints by contacting the Seller at the contact details indicated in the Preamble, or by using the contact form available on the Website, if any.

11.2 The Seller responds within an indicative timeframe of 5 days.

12. Reviews

12.1 Pursuant to Legislative Decree No. 26 of 7 March 2023, the Website informs You that no tool is implemented on the Website that allows users to post reviews.

13. Miscellaneous

13.1 This document fully governs the relationship between You and the Seller. Rights and obligations provided by applicable law from time to time are in any event reserved.