Terms and Conditions of Sale

This document contains the general terms and conditions on the basis of which users are offered the use of the website https://soldidesign-usa.myshopify.com/ which offers Container Sale for separate waste collection.

Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

• Owner: SOLDIDESIGN CORP., with registered office in 150 SE 2ND AVE SUITE 701 – 33131 MIAMI, FLORIDA, VAT number / Tax Code 38-4325329, certified email address corporate@soldidesign.com
• Application: the website soldidesign-usa.myshopify.com
• Products: the products provided to the user by the Owner
• User: any person who accesses and uses the Application
• Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity that may be carried out
• Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity
• Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.

Detailed information on the offer of the Application

The Application provides Users the product is made with post-consumer recycled ABS and Polypropylene in a percentage ranging from a minimum of 40-70% (coloured Ovetto, glossy white and black) to a maximum of 100% (matte black Ovetto).

For SFERA it is 100% recycled ABS and 100% regenerated nylon.

In logistics too, our company is constantly committed to adapting to environmental aspects.

Scope of the Conditions

The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other notes, legal notices, information published or referred to therein, he will not be able to use the Application or the related services.

The Conditions can be changed at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference.

The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions.

Purchase or Supply Request through the Application

All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product.

Furthermore, any images of the Products are only representative and do not constitute a contractual element.

Purchases and / or requests for the supply of one or more Products through the Application are allowed to both Consumer Users and non-Consumer Users.

Purchases and / or requests for supply are allowed to natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by parents or parental responsibility operators.

The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for the purchase and / or request for supply, subject to confirmation and / or acceptance by the Owner as described in following. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain for any reason and / or title.

The contract for the sale or supply of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User's data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.

The contract for the sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point.

In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, its confirmation and the Conditions.

Registration

In order to use some features of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy and these Terms. The User has the duty to keep their login credentials. It is understood that in no case can the Owner be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

Account Cancellation and Closure

Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address corporate@soldidesign.com. The Owner, in the event of a violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.

Prices and Payments

For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.

Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary in relation to the destination, the delivery method chosen and / or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.

The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will in no case affect the contracts already concluded before the change.

The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all necessary data that may be requested.

The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).

Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be held responsible in any way.

If you buy with Scala pay, you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorise such transfer.

Billing

The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing to the Owner any full indemnity in this regard.

Methods of Delivery of Material Products

The tangible products and / or digital goods provided on a material medium will be delivered to the address indicated by the User, in the manner and within the deadline chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment of taking charge of the courier.

In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.

If the User does not intend to accept the new deadline or the delivery has become impossible, he / she may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase no later than 30 days from the date on which the Holder became aware of the refund request.

Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and / or the Product, the User cannot refuse delivery of the Product and may return it at no cost to you. Once the delivery document has been signed, the User will not be able to make any objection about the external characteristics of the Products delivered.

The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.

Exclusion of the Right of Withdrawal of Non-Consumer Users

The non-Consumer User is not entitled to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for which the right of withdrawal is not provided.

Right of Withdrawal of Consumer Users from the Purchase of Material Products

The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 30 days from the date of receipt of the Product, by sending a written communication to the e-mail address corporate@soldidesign.com, using the optional withdrawal form referred to in the following article or any other written declaration.

For purchases of less than €50.00 (so-called small contracts) pursuant to Art. 47, paragraph II of the Consumer Code (Legislative Decree 206/2005 and subsequent amendments), since these are contracts negotiated outside of business premises on the soldidesign-usa.myshopify.com website, the rules relating to the consumer's right of withdrawal do not apply. It is understood that, in the event of the purchase of several products by the consumer user with a single order, the assessment of the applicability, or not, of the right of withdrawal shall be made on the basis of the price list value (to be understood as at the date the order is placed by the consumer user) of the single product purchased.

In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 30-day deadline for exercising the right of withdrawal starts from the day the last Product was received.

In the event of withdrawal, the Consumer User must send back the Product to the Italian headquarters of the Owner. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared to be responsible for it.

In case of withdrawal exercised correctly, the Holder will reimburse the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 30 days from the day on which the User has communicated that he / she wishes to withdraw from the contract.

The Owner is not required to reimburse the delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.

The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.

Optional Form to Exercise the Right of Withdrawal

The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address corporate@soldidesign.com before the withdrawal period expires:

I hereby communicate my withdrawal from the sales or supply contract relating to the following product _________________________________________

Order number:_______

Ordered on: _______

Name and surname: _______

Address: ______

E-mail associated with the account from which the order was placed: ____________________

Date: __________

Warranty of Material Products for Non-Consumer Users

In relation to the tangible Products, non-Consumer Users will be subject to the guarantees for defects in the thing sold, the guarantee for defects in the promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (articles 1490 et seq. cc).

Guarantee of Conformity of Material Products for Consumer Users

The legal guarantee of conformity is recognized, provided for by art. 128-135 of the Consumer Code, for all Products sold through the Application that fall within the category of "consumer goods", as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, also to be assembled, except i) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by proxy to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specified quantity, iii) electricity.

The legal guarantee of conformity is reserved for Consumer Users only. The Owner is obliged to deliver to the Consumer User Products that comply with the sales contract. It is assumed that the Products are suitable to the contract if, where relevant, the following circumstances coexist:

• They are suitable for the use for which goods of the same type are usually used.
• They comply with the description made by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model.
• They present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner, by the manufacturer or its agent or representative, particularly in advertising or on labelling.
• They are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of the conclusion of the contract and which the Owner has accepted even for conclusive facts.

Any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.

The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between repairing the Product or replacing it.

This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively burdensome. In addition, the Consumer User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs:

• Repair and replacement are impossible or excessively expensive.
• The Owner has not repaired or replaced within a reasonable time.
• The replacement or repair have caused significant inconvenience to the Consumer User.

If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail address corporate@soldidesign.com.

The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the reported defect.

Content Sent by Users

The User can upload Content to the Application, provided that it is not illicit (i.e. obscene, intimidating, defamatory, pornographic, abusive, or in any way illegal or violates the privacy, intellectual, and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties, and does not contain viruses, political propaganda, commercial solicitations, mass e-mails, or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to hold the Owner harmless from any damage, loss, or expense.

The User guarantees that the Content is sent to the Application through their account by adults. For minors, the sending of Content must be screened and authorized by parents or those exercising parental responsibility.

The User is fully and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of Content, and contact between Users, and is therefore solely responsible for the correctness, completeness, and lawfulness of the Content and their own behavior.

It is prohibited to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User to impersonate them, or in any other way to declare the origin of the Content falsely.

The Owner cannot ensure timely control over the Content received and reserves the right, at any time, to delete, move, or modify Content that, in their discretion, appears to be illegal, abusive, defamatory, obscene, or in violation of copyrights and trademarks, or in any case, unacceptable.

Users grant the Owner a non-exclusive right to use the Content sent, without geographical limitation. The Owner may, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify, and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, audio, and video) sent by the User, including through third parties.

Content sent will not be returned, and the Owner will not be liable to Users for the loss, modification, or destruction of the Content transmitted.

It is expressly prohibited, unless explicitly authorized by the Owner: i) the use of automatic systems for loading advertisements, except those expressly authorized, ii) the serial publication and/or management of advertisements on behalf of third parties by any means or methods, iii) the resale of the Owner's services to third parties.

Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights related to and/or associated with the Application and/or the Content available on the Application. Therefore, all trademarks, whether figurative or nominative, and all other signs, trade names, service marks, wordmarks, trade names, illustrations, images, logos, and Content related to the Application are and remain the property of the Owner or its licensors and are protected by current trademark laws and related international treaties.

The Conditions do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise regulated.

Any reproductions in any form of explanatory texts and Application Content, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.

Warranty Disclaimer

The Application is provided "as is" and "as available," and the Owner does not provide any explicit or implicit guarantees concerning the Application, nor guarantees that the Application will meet the needs of Users or that it will be uninterrupted, error-free, or virus- or bug-free.

The Owner will endeavor to ensure that the Application is available continuously, 24 hours a day, but will not be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily without notice due to system failure, maintenance, repairs, or reasons entirely beyond the control of the Owner or due to force majeure events.

Limitation of Liability

The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for service interruptions or malfunctions related to the use of the internet outside their control or that of their suppliers.

Additionally, the Owner will not be responsible for damages, losses, or costs incurred by the User due to non-performance of the contract for reasons not attributable to the Owner. The User is only entitled to a possible full refund of the price paid and any additional charges incurred.

The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment, as it does not in any way come into contact with the payment data used (credit card number, cardholder name, password, etc.).

The Owner will not be responsible for:

• Any loss of business opportunity or any other loss, even indirect, suffered by the User that is not a direct consequence of a violation of the contract by the Owner.
• Incorrect or improper use of the Application by Users or third parties.
• The issuance of incorrect documents or tax data due to errors in the data provided by the User, with the User being solely responsible for providing correct information.

In no case can the Owner be held liable for an amount exceeding twice the cost paid by the User.

Force Majeure

The Owner cannot be held responsible for the failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control, including events of force majeure or any unforeseen and unpredictable events, independent of its will.

The Owner's obligations will be considered suspended for the period during which force majeure events occur. The Owner will make every effort to find solutions that allow for the proper fulfillment of its obligations despite the persistence of force majeure events.

Links to Third-Party Sites

The Application may contain links to third-party sites/applications. The Owner exercises no control over them and is therefore not responsible for the content of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for using the site/application and for using the services prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy.

Applicable Law and Competent Court

The Conditions are subject to Italian law. For Consumer Users, any disputes relating to the application, execution, and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has chosen a domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19, and 20 of the civil procedural code.

This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, particularly concerning the deadline for exercising the right of withdrawal, the deadline for the return of Products, the methods and formalities of the communication of the same, and the legal guarantee of conformity.

For non-consumer users, any disputes relating to the application, execution, and interpretation of these conditions will be referred to the court of the place where the Owner is based.

Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicial disputes related to and/or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: https://ec.europa.eu/consumers/odr/.