Terms of Service

This website (hereinafter referred to as the "Website") is offered by Mix Market Srls. with headquarters in Mestre (VE), Via Cappuccina 47/F Mestre 30172 (VE) Italy, e-mail: mixmarket@zpec.it & info@mixmarket.app, Tel. +39 3889315231, VAT number IT 04805000272. REA VE-452400 ATECO 47.11.4 NACE 47.11

The following Terms of Use govern access to the Website and its use. Furthermore, special conditions of use will be applied to specific contents, data, materials or information contained in or through this Website (hereinafter referred to as "Contents"), or to specific contents, data, materials or information that user enters presents and / or publishes on the Website (hereinafter referred to as "Content - user") or transactions concluded through the Website. These particular conditions of use will be added to these Terms of Use or, only if expressly indicated, will they prevail over them.

By accessing or using this Website, the user agrees to be bound by the Terms of Use, by all the terms and conditions contained therein or mentioned or by additional terms or conditions that are provided on this Website. In case of non-acceptance of all the aforementioned conditions, the user is NOT authorised to access and use the Website.

Mix Market Srls. reserves the right to modify these Terms of Use at any time: the Terms of Use as modified will be applicable from the moment of publication. If the user continues to access or use the Website after such publication, it is assumed that the user has accepted these changes. The user is advised to regularly check the applicable conditions.

Mix Market Srls. reserves the right to arrange, at any time and without notice, to eliminate or make changes or updates to the Website and its Contents. Mix Market Srls. reserves the right, at any time, with immediate effects, without notice, in its sole discretion and for any reason, to limit, refuse or discontinue, entirely or in part, access to the Website , or part of it, by any user.

The use of personal data provided or collected through this Website or in connection with it will only take place in compliance with the Mix Market Srls. Policy of Mix Market Srls. for the protection of privacy and these Terms of Use are subject to the Mix Market Srls. Policy of Mix Market Srls. on protection of privacy, as published on this website.

All the information (including but not limited to texts, images, graphic elements, links and other materials) reported on this website are provided as they are and as available. Mix Market Srls. expressly excludes any declaration or guarantee of any kind, explicit or implicit, including guarantees of merchantability, of suitability for a particular purpose, of non-infringement and the like in relation to the functioning of this website and user content or content. Mix Market Srls. makes no commitment regarding the following: (i) that the Website corresponds to the needs of the user, (ii) that the Website functions continuously, promptly, safely and without errors, or (iii) that the results obtained through the use of the Website (including the information and materials on this Website) are correct, complete, accurate and which otherwise correspond to the needs of the user.

This is a public website: the user cannot expect any confidentiality in the processing of User Content that he may have sent to the Website. Confidential information should not be sent.

Mix Market Srls. assumes no responsibility for any interruptions or omissions regarding Internet, network or hosting services and does not guarantee that the Website, the services that determine its availability or the sending of electronic communications by di Mix Market Srls. are free from viruses or other harmful elements.

In order to allow access to certain areas of the Website and to use certain functions or elements of the Website, it is possible that the user will be asked to register as a contributor: this registration is free.

When registering, the user must choose only one username or "nickname" and password and provide only one valid, in use and verifiable e-mail address. Identical user names and e-mail addresses are not allowed, if the name or address entered by the user has already been used, the user will be invited to choose others. Mix Market Srls. will send the user a confirmation e-mail with the registration data: in case of non-delivery, for any reason, of this information, access or use of areas, functions or elements, for which such registration is required, they can be denied or interrupted. The user is required to promptly update the registration, so that it is accurate and current. The user also assumes the exclusive responsibility to guarantee the confidentiality of his password. Mix Market Srls. reserves the right to modify the nickname of a user, to delete from the website the contents sent by them or to refuse or cancel their registration if they choose a name that in their unquestionable judgment is obscene, indecent, vulgar or otherwise improper. The user also assumes the exclusive responsibility to limit access to his or her computers. The user assumes exclusive responsibility in relation to any activity, concerning his account, username and / or password, attributable to his conduct, failure to intervene or neglect. If the user becomes aware of suspicious or
non-suspicious behaviour authorised concerning his account, username and / or password, the user agrees to immediately contact Mix Market Srls. by e-mail at info@mixmarket.app Mix Market Srls. reserves the right to preclude, at its discretion, the registration of the user to certain e-mail services or Internet service providers.

In sending User Content to the Website, the user guarantees that the materials will be adequate, constructive and relevant and free of potentially illegal elements or in any case unsuitable for publication, including, for explanatory and non-exhaustive purposes, potentially defamatory elements (1) or offensive towards other people or entities, (2) potentially harmful towards people or property or having defamatory or harassing character towards people or organisations, (3) potentially able to violate the rights (including those relating to privacy and advertising) of any person, (4) having a pornographic, obscene, offensive, vulgar, indecent or intimidating character, (5) having a cultural, ethnically or otherwise objectionable character, or (6) such as to suggest or encourage any illegal activity.

The user will do his best, within reasonable limits, in order to detect the presence and remove any viruses or other harmful elements in the materials to be sent. The user will not falsify headers or manipulate identifying elements or other data to conceal the origin of any Contents and / or Contents - user transmitted through the Website, nor will he disguise his presence on the Website. The user will also refrain from interfere with or tamper with the sites, servers and networks or by taking initiatives such as to impose an unreasonable or disproportionate load on the site infrastructure.

The user affirms, declares and guarantees that the User Content sent to the Website does not violate any third party property rights including, for explanatory and non-exhaustive purposes, rights relating to copyright, registered trademarks or patents or confidentiality obligations.

The user affirms, declares and guarantees that the User Content sent to the Website does not violate any third party property rights including, for explanatory and non-exhaustive purposes, rights relating to copyright,
registered trademarks or patents or confidentiality obligations.

The user grants Mix Market Srls. a global, irrevocable, royalty-free, non-exclusive, sub-licensable or transferable license to use, reproduce, create derivative works, distribute, publicly use, publicly display, transmit and publish the Contents - user from provided on this Website by any means.

The user assumes the exclusive responsibility for the -User Content and any consequences determined by their sending, transmission and / or publication. Mix Market Srls. reserves the right, without assuming any obligation in this regard, to examine and monitor the User Content before and / or after its transmission. Nonetheless, the user acknowledges the impossibility for Mix Market Srls. to check and monitor all Content - user. Under no circumstances does Mix Market Srls. accept any responsibility for the accuracy, completeness, quality or validity of the User Content sent by third parties to the Website.

Mix Market Srls. endorses any User-Content or any opinion, recommendation or advice contained therein or not
assumes no responsibility whatsoever for said User Content.

Mix Market Srls. reserves the exclusive right and right to modify and / or eliminate, for any reason, at any time, without any notice or need for authorisation and in its sole discretion, messages or any other questionable, inconvenient or otherwise contrary User Content. to these Terms of Use. Users convinced of the questionable and inconvenient nature of Contents - users are invited to immediately contact Mix Market Srls. by e-mail at info@mixmarket.app Upon receipt of these communications, Mix Market Srls. will endeavour, within reasonable limits, to take the measures deemed necessary in a reasonably short time: given the non-automatic nature of this process, the user is advised that the immediate elimination or modification of the offending content may not be possible.

Mix Market Srls. in no case assumes any responsibility for direct and indirect, consequential, punitive, special incidental or other damages resulting from, caused by or related to access or use of this website and its contents and contents. -user or inability to access them even if Mix Market Srls. has been informed of the possibility of such damages, except in cases of willful misconduct and / or gross negligence.

Mix Market Srls. assumes no responsibility for the content of any third party owned site that may be connected to the Site

You agree to indemnify Mix Market Srls. as well as their respective officers, managers, employees, legal representatives, and release them from any liability for damages, charges, costs and expenses (including reasonable legal and professional fees and legal fees) resulting from the publication , content or transmission of any message, information, material or other Content - user published on the Website or from any violation of these Terms of Use by the user. In the event of complaints or legal actions due to messages or User Content sent by the user, Mix Market Srls. reserves the right to reveal the identity of the same and any other information on his account that may be in his possession. In case of disputes with other users, the user raises Mix Market Srls. as well as the respective officials, managers, employees, representatives
legal and agents, from any liability for complaints, claims and damages (actual and consequential) of any type and nature, known and unknown, deriving from or in any way connected to these disputes.

Mix Market Srls. reserves the exclusive right to close the Website in whole or in part, at any time, for any reason and without notice or need for authorisation. Mix Market Srls. assumes no responsibility for the storage or deletion of any Content and / or User Content published on the Website.

These conditions of use will be governed and interpreted in accordance with Italian laws. The user accepts the non-exclusive jurisdiction of the courts of Venice, Italy, in the event of disputes, claims or legal proceedings arising from or attributable to these Terms of Use or to the use of this Website by the user, including, inter alia, any disputes regarding the existence or validity of these Terms of Use.

In the event that any of these Terms of Use is declared invalid or not applicable, the aforementioned will be replaced by a valid and applicable provision such as to come as close as possible to the content of the original one, while the others will be regularly applied.

GENERAL CONDITIONS OF SALE

By placing an order on the online store www.mixmarket.app, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below. Any right of the Customer to compensation for damages or indemnity, as well as any contractual or
liability is excluded extra-contractual for direct or indirect damage to people and / or things, caused by the non-acceptance, even partial, of an order. In case of unexpected unavailability of the goods and non-acceptance of the order, no charge will be made to the Customer.

PURCHASE METHOD

The correct receipt of the order is confirmed by the www.mixmarket.app system by means of an e-mail response sent to the e-mail address communicated by the Customer. This confirmation message will contain the date and time of the order, an "Order Number" and a "Customer Code", to be used in any further communication with the system.

It is the Customer's responsibility to register with the correct data and keep this data up to date through the login credentials.

TERMS OF PAYMENT

CREDIT CARD

The purchase of the goods is foreseen by means of payment by Credit Card through the PayPal or Bank Transfer system. The transaction with Card takes place through the electronic system of the portal that uses the PayPal system; at no time during the purchase procedure the electronic system of the portal and no staff member is able to know the Customer's credit card number, which is provided by the Customer to the Secure Server of the PayPal system on a secure and encrypted internet connection according to the current standards of the online payments market.

CURRENCY

All amounts displayed on www.mixmarket.app are expressed in Euros, which is the reference currency.

DELIVERY METHODS AND COSTS

For each order placed on www.mixmarket.app, Mix Market Srls. issues an invoice for the shipped material, sending it by e-mail to the order holder, pursuant to art. 14 D.P.R. 445/2000 e DL 52/2004. For the issue of the invoice, the information provided by the Customer when ordering. No change in the invoice will be possible after its issue.

Delivery costs are explicitly highlighted at the time of placing the order. Some promotions may offer discounts equal to shipping costs for orders above a certain value determined by the offer itself. The payment of the goods by the Customer will take place using the Credit Card or Bank Transfer method, the charge on the credit card will be applied by Mix Market Srls., manager of the integrated e-commerce platform. Nothing is owed more by the customer than the total order.

The order processing times are 60 hours. No responsibility can be attributed to Mix Market Srls. in case of delay in delivery of the order by couriers.

Upon delivery of the goods by the courier, the customer is required to check:

• that the number of packages delivered corresponds to what is indicated in the transport document;

• that the packaging is intact, not damaged, nor wet or in any way altered, even in the sealing materials (adhesive tape or metal straps).

Any damage to the packaging and / or the product or the mismatch in the number of packages or indications must be immediately contested, by placing a WRITTEN CONTROL RESERVE on the courier's proof of delivery. Once the courier's document has been signed, the Customer cannot make any objection regarding the external characteristics of what has been delivered.

Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, in the manner provided in this document.

In the event of non-collection within 5 working days of the material present in stock at the courier's warehouses due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, the order will be automatically canceled.

RIGHT OF WITHDRAWAL

Pursuant to art. 5 DL 185/1999, if the customer is a consumer, he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following point 15.

To exercise this right, the customer must send Mix Market Srls. a communication to that effect, within 10 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt, addressed to

Mix Market Srls., based in Mestre (VE), Via Cappuccina 47/F. Zip Code : 30172

or by telegram or fax always sent within the aforementioned period of 10 days and followed by a confirmation by registered letter with acknowledgment of receipt, sent STRICTLY within the following 48 hours. Once the aforementioned notice of withdrawal has been received, Mix Market Srls. will quickly communicate to the customer the instructions on how to return the goods that must be received at Mix Market Srls. within 10 days of authorisation.

The right of withdrawal is however subject to the following conditions:

• the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased;

• the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; the affixing of labels or adhesive tapes directly on the original product packaging should be avoided in all cases;

• by law, the shipping costs for returning the goods are charged to the customer;

• the shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer;

• in the event of damage to the goods during transport, Mix Market Srls. will notify the customer of the incident (within 5 working days of receiving the goods in its warehouses), to allow them to promptly file a complaint against the courier chosen by him and obtain a refund of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;

• Mix Market Srls. is not liable in any way for damage or theft / loss of goods returned by uninsured shipments.

Without prejudice to any restoration costs for damages ascertained to the original packaging, Mix Market Srls. will refund the customer the full amount already paid, net of the shipping costs incurred, within 14 days from the return of the goods, through the cancellation procedure the amount charged to the Credit Card or via Bank Transfer. In the latter case, the customer will promptly provide the bank details on which to obtain the refund (IBAN code of the invoice holder).

The right of withdrawal is lost for lack of the essential integrity of the property (packaging and / or its content), in cases where Mix Market Srls. ascertains:

• the lack of the external packaging and / or the original internal packaging;

• the absence of integral elements of the product;

• damage to the product for reasons other than its transport.

In the event of forfeiture of the right of withdrawal, Mix Market Srls. will return the purchased good to the sender, charging the shipping costs to the sender.

PRIVACY
The personal data requested when placing the order are collected and processed in order to satisfy the express requests of the Customer and will in no case and in any way be transferred to third parties. Mix Market Srls. guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code pursuant to Legislative Decree 196 of 30.06.03.

The data controller is Mix Market Srls., based in Mestre (VE), Via Cappuccina 47/F. Zip Code : 30172. COMPLAINTS Any complaints must be addressed to Mix Market Srls. based in Mestre (VE), Via Cappuccina 47/F. Zip Code : 30172

APPLICABLE LAW

The sales contract between the Customer and Mix Market Srls. is stipulated in Italy and governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the customer is a consumer, the territorial jurisdiction is that of the reference hole of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Vicenza.