Terms and Conditions of Sale

1. General information

1.1 Preliminary remarks

These Terms and Conditions of Sale (hereinafter the "Terms") govern the contractual relationship between:

The Seller: Fluid S.A.S. di Biagio Chianese & Co. (VAT no. 05382891215), with registered office at Via Forno Vecchio 1, 80134 Napoli (NA), email fluidshop@live.it, telephone 081 5443 587 (hereinafter "Fluid" or "Seller");

The Customer — Consumer, being a natural person acting for purposes unrelated to any business, commercial, craft or professional activity carried out, pursuant to Article 3 of Legislative Decree 206/2005 ("Italian Consumer Code").

These Terms govern exclusively the distance sale of goods through the website https://fluidshop.it (hereinafter the "Site"). Purchases made at Fluid's physical store at Via Forno Vecchio 1, Napoli, are governed by the retail sale provisions of the Italian Civil Code and fall outside the scope of these Terms; in particular, the right of withdrawal provided for distance sales by Articles 52 et seq. of the Italian Consumer Code does not apply to consumers purchasing in store.

Pursuant to Article 1326 of the Italian Civil Code, the contract is concluded at the moment when the Seller becomes aware of the Customer's acceptance, i.e. at the moment when the Customer completes the purchase procedure on the Site by clicking the "Order with obligation to pay" button (or equivalent, e.g. "Pay with PayPal"), thereby generating the Order Confirmation.

In turn, the Seller undertakes to:

• send the Customer confirmation of the order details by email or other suitable means;
• supply the Customer with the products purchased on the terms and conditions set out herein, save for the right not to process orders from persons who do not offer sufficient guarantees of solvency.

1.2 Language of the contract and applicable law

These Terms are drafted in Italian and translated into English, German, French and Spanish in order to facilitate consultation by EU consumers. In case of interpretative discrepancy between the different language versions, the Italian version prevails.

The sale contract is governed by Italian law, without prejudice to any more favourable consumer protection provisions provided for by the law of the Customer's country of habitual residence, pursuant to Article 6 of Regulation (EC) No 593/2008 ("Rome I").

For any dispute relating to these Terms, the competent court is, on an exclusive basis, the court of the place of residence or domicile of the Customer acting as a consumer, pursuant to Article 66-bis of the Italian Consumer Code.

2. Products, availability and prices

2.1 Nature of the products

The Seller offers for sale goods of various kinds, including:

• jewellery in silver, natural stones, steel, zamak and brass;
• body jewellery (piercings);
• tumbled stones;
• gift vouchers, gift cards and vouchers;
• personalised or made-to-measure products produced on the basis of the Customer's specifications (e.g. engravings, custom lengths, bespoke mounts created in dialogue with the Customer).

The Seller ensures that the information relating to the essential characteristics of the products is kept up to date. Images, colours, components and other information may nevertheless differ due to updates from suppliers or to variants not attributable to the Seller.

It is the Customer's responsibility to review the product description in full before placing the order.

For products intended for a mature audience or for a specific age range, the Seller reserves the right to assess whether to process the order by carrying out the verifications required by law.

2.2 Services available only at the physical store

Some ancillary services offered by Fluid — such as, by way of example and not limited to, watch repair, battery replacement, jewellery restoration and the creation of bespoke pieces following an in-person consultation — are provided exclusively at the physical store at Via Forno Vecchio 1, Napoli. Such services cannot be purchased online and are therefore not covered by these Terms. Any requests for such services should be addressed directly to the physical store.

2.3 Availability of products

The availability of products is managed via IT tools and is subject to a margin of error. The Seller does not guarantee actual availability at the time of access or of the Order Confirmation, although it undertakes to keep the data up to date.

In the event of supervening unavailability, the Seller will inform the Customer, who may:

• wait for availability to be restored;
• cancel the order at no cost;
• modify the order by excluding the unavailable products, with recalculation of the price.

If unavailability is permanent, the Seller may propose a substitute product of equivalent quality and price; if refused, the Seller will refund the Customer the amount paid for the unavailable product.

2.4 Prices

All prices are expressed in euros and are inclusive of VAT and any other tax or duty due. Shipping and handling costs, if any, are not included and are clearly indicated before the order is completed.

Promotional discounts may apply to certain products; in such cases, alongside the discounted price, the lowest reference price applied in the previous 30 days is indicated, pursuant to Legislative Decree No. 26 of 26 March 2023 (the "Omnibus Directive").

In the case of an obvious error in the indication of the price, the Seller reserves the right to cancel the order for lack of the necessary contractual intent, refunding the Customer any amount paid.

The Seller may vary the price of the products without notice; amounts so varied apply to sales made after their publication on the Site.

2.5 Invoicing

The electronic invoice is issued exclusively at the Customer's request made at the time of purchase, by indicating at checkout the Italian tax code and — where applicable — VAT number, recipient code (codice destinatario) or PEC address. For reasons related to tax obligations, invoices cannot be issued after the order has been completed.

3. Payment methods

Payment for the products and shipping costs must be made by the Customer using one of the following methods:

• PayPal, with automatic forwarding to the relevant payment management services and acceptance of the related contractual conditions;
• Credit, debit or prepaid card, via the Nexi platform, with acceptance of the related contractual conditions;
• Apple Pay, via the Nexi platform, with acceptance of the related contractual conditions;
• Google Pay, via the Nexi platform, with acceptance of the related contractual conditions;
• PayPal — deferred payment in 3 instalments of equal amount, with acceptance of the related service conditions. The amounts relating to instalment payment are assigned to Incremento SPV S.r.l., its successors in title and assignees; by choosing this method, the Customer authorises such assignment;
• Satispay, with automatic forwarding to the relevant payment management services and acceptance of the related contractual conditions.

In the case of electronic payments, the Seller may access the transaction solely for the purpose of carrying out checks, managing accounting, any disputes and issuing refunds.

4. Delivery terms

4.1 Countries served

The Seller ships to Italy and to all European Union countries selectable during the checkout procedure. Sales to EU consumers are subject to the OSS (One Stop Shop) VAT regime under Article 74-sexies of Presidential Decree 633/1972, with application of the VAT rate of the country of destination where this is required by the legal thresholds.

4.2 Shipping costs and times — Italy

Delivery costs in Italy, unless otherwise indicated, are at the Customer's expense in the following indicative amounts:

• Courier delivery: €10 (VAT included);
• Delivery to locker / pickup point: €5 (VAT included).

Estimated delivery times in Italy are approximately 5-7 working days from the Order Confirmation, save for unforeseen events.

4.3 Shipping costs and times — European Union

For destinations within the European Union, shipping costs and delivery times are calculated at checkout based on the country of destination, the weight and volume of the parcel and the courier selected. Indicative delivery times are 7-15 working days.

4.5 Geographical restrictions and special locations

The Seller reserves the right not to make specific couriers available for certain postcodes, to indicate additional shipping costs for specific products (always highlighted in the product description) and to require an additional payment for special locations (e.g. high mountain, smaller islands, duty-free locations), and not to process the order if such additional amounts are not paid.

The delivery times communicated constitute an estimate and not a binding undertaking.

4.6 Transport and liability

The Seller is not liable for disruptions or delays caused by the operational policies of the couriers, nor for delays caused by unforeseeable or extraordinary events (e.g. adverse weather conditions, strikes, road blockages), nor for errors or incompleteness in the information provided by the Customer (e.g. wrong or incomplete address).

Pursuant to Article 63 of the Italian Consumer Code, the risk of loss of or damage to the goods is transferred to the consumer upon physical delivery. It is therefore the Customer's responsibility to check the integrity of the parcel upon receipt and, in the case of evident external anomalies (tampered, damaged or wet parcel), to enter a reservation of inspection ("riserva di controllo") on the delivery document.

4.7 Orders containing only digital products

In the case of orders containing only digital products (e.g. gift cards, vouchers), shipping costs are not due and the product is supplied via hyperlink or another method suitable for remote use.

4.8 Splitting an order into several separate orders

Where the order has not yet been processed, the Customer may request that the order be split into several separate orders, possibly using different couriers. In such case, shipping costs are recalculated for each resulting parcel, with any recalculation of the free shipping threshold.

5. Gift cards and vouchers

The gift cards and vouchers issued by Fluid are single-purpose vouchers within the meaning of Article 6-bis of Presidential Decree 633/1972 (Legislative Decree 141/2018), in respect of which VAT is due at the time the voucher is issued.

The following conditions apply:

• Validity: 24 months from the date of issue, save where otherwise indicated on the voucher or in the product description. Once the validity period has expired, even by a single day, the gift card permanently loses effectiveness and the residual credit is considered lost. Under no circumstances will amounts unused at expiry be refunded, nor may the re-issuance or extension of validity of the voucher be requested;
• Non-transferability: the gift card is personal and non-transferable. It may be used only by the registered Customer or by the beneficiary originally designated at the time of purchase;
• Use: the gift card may be used in a single transaction for the purchase of products on the Site; where the value of the order exceeds the available credit, the difference must be settled using one of the accepted payment methods. It is not possible to combine several gift cards on the same order, save where otherwise indicated by the Data Controller;
• No refund: the gift card is in no case convertible into cash or transferable to other payment instruments. Any unused balance, whether at expiry or following the execution of a purchase, is non-refundable in any form;
• Loss or theft: in the case of loss, theft, destruction or any inability to use the card for reasons not attributable to the Seller, the gift card will not be replaced, re-issued, nor does it give rise to any refund;
• Withdrawal (only for gift cards never used): the gift card may be subject to the right of withdrawal pursuant to Article 52 of the Italian Consumer Code only within 14 days of purchase and provided that it has not been redeemed even partially. Once redeemed (in whole or in part), the right of withdrawal is deemed forfeited pursuant to Article 59 of the Italian Consumer Code and no refund — neither of the residual value nor of the original price paid — shall be due.

6. Legal guarantee of conformity

Pursuant to Articles 128 et seq. of the Italian Consumer Code, as amended by Legislative Decree of 4 November 2021, No 170 (implementing Directive (EU) 2019/771), the Seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods and which becomes apparent within two years of such date.

In case of lack of conformity, the Customer is entitled, in accordance with the order provided for by law:

• to have conformity restored by means of repair or replacement of the goods, free of charge and within a reasonable time;
• alternatively, to a reduction of the price or to termination of the contract with return of the amounts paid, in the cases provided for by Article 135-bis of the Italian Consumer Code.

Any return is to be made to the address of the Seller's registered office. It is the Customer's responsibility to promptly notify the Seller of the defects found, within 2 months of their discovery. The Seller reserves the right to request documentation of the defect by means of photos/video.

In the case of damage of minimal extent (e.g. slight dents or scratches which do not affect usability), the Seller may offer the Customer, by way of guarantee, a percentage reduction of the price or a discount voucher usable on a subsequent order.

The Seller does not provide a guarantee for products supplied free of charge.

7. Right of withdrawal

Pursuant to Articles 52 et seq. of the Italian Consumer Code, the Customer acting as a consumer may withdraw from the contract without giving any reason and without any penalty within 14 days from the day on which he or a third party designated by him, other than the carrier, acquires physical possession of the goods (or of the last goods, in the case of orders with several items delivered separately).

Withdrawal must be communicated to the Seller by means of an explicit declaration sent:

• by email to fluidshop@live.it;
• by registered letter with return receipt to the address of the registered office.

The communication must indicate:

• number and date of the invoice or, alternatively, the reference code and date of the order;
• description and quantity of the products in respect of which the right of withdrawal is being exercised.

Following the communication, the Customer shall return the goods to the following address, without undue delay and in any event within 14 days of communication of the withdrawal:

The return costs are borne by the Customer.

The refund including all payments received, including the initial delivery costs (with the exception of the supplementary costs deriving from any choice of a method of delivery other than the standard one offered), will be made without undue delay and in any event within 14 days of the date on which the Seller was informed of the decision to withdraw, using the same payment method used by the Customer, save as otherwise agreed.

Pursuant to Article 56(3) of the Italian Consumer Code, the Seller may withhold the refund until it has received the goods or until the Customer has supplied evidence of having sent the goods, whichever occurs first.

Pursuant to Article 57(2) of the Italian Consumer Code, the Customer is liable for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

By way of example, the following constitute unnecessary handling:

• the non-integral return of an individual product;
• the alteration of the product;
• the application of labels or tapes directly on the product or its packaging;
• the absence of the original packaging, including wrapping, documentation and ancillary accessories.

7.1 Exceptions to the right of withdrawal

Pursuant to Article 59 of the Italian Consumer Code, the right of withdrawal is excluded in the following cases:

• a) Supply of goods made to the consumer's specifications or clearly personalised. All products made or modified on the basis of the Customer's specifications (by way of example and not limitation: jewellery with engraving, rings made to a specific finger size, custom mounts, pendants with dimensions or materials chosen by the Customer, creations arising from a personal dialogue with the workshop) may not be returned and do not give rise to a right of withdrawal. The personalised nature of the product will be highlighted in the product description and/or in the order confirmation; by completing the purchase, the Customer acknowledges and accepts such exclusion;
• b) Supply of sealed goods which are not suitable for return for reasons of hygiene or health, where the seal has been opened after delivery. In particular, the return or replacement of earrings, piercings or body jewellery is not permitted once the sealed packaging has been opened;
• c) Supply of digital content not delivered on a tangible medium (e.g. gift cards, vouchers sent by email), where performance has begun with the consumer's express agreement and acceptance of the loss of the right of withdrawal, or where the gift card has been used, even only in part.

8. Voluntary return (beyond the statutory withdrawal period)

In addition to the right of withdrawal, the Seller grants the Customer, by way of contractual concession and not in fulfilment of a legal obligation, the option to return the goods purchased on a mere change-of-mind basis, within 14 days of receipt of the goods, in accordance with the same procedures provided for withdrawal.

The refund of the amount paid will be made net of shipping costs and of any ancillary services, within 31 days of receipt of the goods by the Seller.

The products must be returned intact, in their entirety and in the complete original packaging. Voluntary return is not permitted in respect of:

• products sold as damaged;
• products supplied free of charge;
• products in respect of which return is excluded under clause 7.1 above (including personalisations).

9. Order cancellation

Requests for cancellation must be communicated by email to fluidshop@live.it, indicating first name, surname and order code.

Cancellation is possible only for orders that have not yet been prepared in the warehouse; where the order has already been prepared or shipped, it will be necessary to make use of the right of withdrawal or the voluntary return option.

In the case of timely cancellation, the refund is made using the same payment method used, within 14 calendar days.

The Seller reserves the right to cancel orders for the reasons set out in these Terms (e.g. lack of solvency of the Customer, obvious error in the price, permanent unavailability of the product, personalised products whose production it has not been possible to complete).

10. After-sales support

The Customer may request support through the following channels:

The customer service is available Monday to Friday, from 10:00 — 13:00 and 17:00 — 19:00. The Seller undertakes to promptly indicate, via the Site, any unavailability of the service.

11. Alternative dispute resolution (ODR)

Pursuant to Regulation (EU) 524/2013 and Directive 2013/11/EU (implemented by Legislative Decree 130/2015), the consumer has the right to make use of the ODR (Online Dispute Resolution) platform for the out-of-court resolution of disputes arising from online sales contracts.

The ODR platform is accessible at the following address: https://ec.europa.eu/consumers/odr

In any case, the consumer may have recourse to the ordinary courts.

12. Terms of use of the Site

The Site is intended for personal and non-commercial use only. The Site may not be used for unlawful purposes or for purposes which infringe the rights of the Seller or of third parties. All content of the Site (texts, images, trademarks, layout, code) is protected by copyright and industrial property laws; its reproduction, distribution or use without the prior written consent of the Seller is prohibited.

13. User account

A user who intends to make a purchase may register an account by providing truthful, accurate, current and complete information. The user declares and guarantees full ownership of the data provided and that they will not use another person's identity to enter into contracts with the Seller.

The user is required to promptly notify the Seller of any unauthorised use of their account.

By registering an account, the user declares to have read and understood the Privacy Policy of the Site.

The Seller reserves the right to prevent access to the Site, to suspend or close an account, to remove or modify content, in case of:

• unlawful or harmful use of the services;
• breach of the provisions of law or of these Terms;
• conduct damaging the reputation or brand identity, or stoking campaigns of hatred, defamation or denigration against the Seller;
• any other breach of the law.

14. Suspension and availability of the Site

The Seller reserves the right to suspend, also for an indefinite period, access to the Site in the event of force majeure, breach of the obligations under these Terms by the user, maintenance or upgrade work, or where required by the competent authorities. No refund or direct or indirect compensation is owed to the user in such circumstances.

15. Processing of personal data

The processing of the Customer's personal data is governed by the Privacy Policy and Cookie Policy of the Site, accessible at the foot of every page and forming an integral part of these Terms.

16. Changes to the Terms

The Seller reserves the right to amend these Terms at any time, by publishing them on the Site. The amendments shall apply to orders placed after publication and shall have no effect on contracts already concluded.