ART. 1 PREMISES

These general conditions of sale apply to all purchases of Himalaya brand products, a trademark owned by ALCEA SRL, and other distributed trademarks made through the e-commerce site himalaya.it by users classified as "consumers" pursuant to Article 2, i.e., natural persons acting for purposes outside of any entrepreneurial, commercial, artisanal, or professional activity they may carry out. The Site is owned by ALCEA SRL, an Italian company with registered office at Via Pier Luigi Sagramoso, 7, 00194, Rome, Italy, VAT number and company registration number 07116051009. ALCEA SRL is responsible for the sale, payment management, refunds, and invoicing of the Products offered through the Site. Purchases of Products made through the Site will be made between ALCEA SRL (collectively referred to as the "Parties"), as the seller (the "Seller"), and the consumer purchasing one or more Products for purposes not related to their commercial, entrepreneurial, artisanal, or professional activity. ALCEA SRL retains all rights to the Site's domain name, as well as the copyright relating to the Site and its contents. All communications from the Consumer relating to the purchase of Products—including any reports, complaints, requests regarding the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc.—are communicated to the Consumer via the Site. - must be sent to the Seller (ALCEA SRL) at the address and using the methods indicated on the Site or via the addresses specified in the articles relating to individual consumer rights under these conditions. Each purchase is subject to these general conditions of sale in the version published on the Site at the time the consumer places the order. The site is intended for the exclusive use of consumers. Under no circumstances may products be purchased on the Site by persons who do not qualify as such. The seller of the sales will have the right to refuse orders that, at its sole discretion, it believes have been placed by persons not classified as consumers. If one or more sales are nevertheless made to a non-qualified consumer, these general conditions of sale will apply, but in derogation of the same:

1. a) the buyer will not have the right of withdrawal pursuant to Article 10.
2. b) the buyer will not be entitled to any guarantees on the products listed in Article 8 or any other legal guarantee.
3. c) the buyer will not be granted any other guarantees in favor of the consumer provided by law.
4. d) in the exceptional case that the buyer is not a Consumer, the competent court will be that of Rome.
   
   

Art 2. DEFINITIONS

E-commerce contract: sales or service contract under which the Seller , or his intermediary, offers goods or services via a website , or other electronic means, and the Buyer (consumer), places the order for such goods or services on such website , or by other electronic means organised by the Seller .

Sales Contract: any contract under which the Seller transfers, or undertakes to transfer, ownership of goods to the Buyer and the Buyer pays, or undertakes to pay, the price thereof.

Service Contract: any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Buyer and the Buyer pays, or undertakes to pay, the price thereof.

Consumer Code: reference legislation for consumer protection, established by Legislative Decree no. 206 of 6 September 2005, as last amended (hereinafter, for brevity, the “ Consumer Code ”).

Buyer: the term Buyer refers to the consumer, or user, a natural person who acts for purposes outside of any entrepreneurial, commercial, craft or professional activity he or she may carry out (art. 3, letter a, Consumer Code ).

Seller: the term Seller refers to the natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary (art. 3, letter c, Consumer Code ).

Manufacturer: Manufacturer is the manufacturer of the finished good or of one of its components (art. 115, paragraph 2-bis, Consumer Code ).

Conformity with the Contract: all goods are Conforming with the Contract if the following circumstances coexist, if applicable: i) they are suitable for the use for which goods of the same type are normally used; ii) they conform to the description given and possess the qualities of the goods presented as a sample or model; iii) they present the quality and performance usual for goods of the same type, which the Buyer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or his agent or representative, particularly in advertising or on labelling; iv) they are also suitable for the particular use desired by the Buyer and brought to the Seller 's attention by the latter at the time of conclusion of the Contract and which the Seller himself has also accepted by conclusive facts (art. 129, paragraph 2, Consumer Code ).

Defective goods: Goods are defective when they do not provide the safety that one might legitimately expect, taking into account all the circumstances, including: a) the manner in which the goods were put into circulation, their presentation, their obvious characteristics, and the instructions and warnings provided; b) the use to which the goods may reasonably be put and the behaviors that may reasonably be expected in relation to them; c) the time at which the goods were put into circulation. Goods cannot be considered defective simply because a further improvement to them has been put into circulation at any time.

3. SALE OF GOODS PROMOTED ONLINE

3.1 With the Contract the Seller sells to the Buyer, who purchases, via electronic tools, the goods offered on the Site .

3.2 The himalaya.it website presents the catalog of goods and/or services promoted online by the Seller . These goods are accurately represented on the website .

3.3 The Seller cannot guarantee a precise and accurate correspondence between the actual quality of the goods advertised online and the corresponding representation on the Buyer 's monitor . In the event of discrepancies between the image of the goods visible online and the corresponding written information sheet, the latter shall prevail.

4. ONLINE CATALOG UPDATE - GOODS AVAILABILITY

4.1 The Seller ensures, through its IT system, that orders are processed and fulfilled promptly, in accordance with the procedures set forth in Article 5 of these General Conditions of Online Sale . The Seller 's electronic catalogue indicates in real time which goods are available and which are not, as well as the expected shipping times. The Seller confirms the order registration as soon as possible by sending the Buyer a specific confirmation (so-called Order Receipt) by email.

4.2 If an order exceeds warehouse availability, or is unavailable for other reasons, the Seller will promptly notify the Buyer of the unavailability of the item in question and, if possible, the expected delivery time, requesting confirmation of the order again according to the various timeframes indicated by the Seller . This communication will be made via email or telephone.

5. DESCRIPTION OF THE TECHNICAL PHASES NECESSARY TO CONCLUDE THE CONTRACT

5.1 The Contract between the Seller and the Buyer will be concluded exclusively online . After accessing the e-Shop , the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of goods and/or services by completing the forms provided by the Seller . If intending to purchase online , the Buyer must duly select the desired goods and/or services, one at a time, placing them in the cart configured by the Seller . Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by forwarding the list of desired items to the Seller . Before forwarding, a form will be displayed to confirm the purchase order for the selected goods and/or services, indicating the relative prices, as well as the options left to the Buyer , who will be responsible for identifying the delivery, transport and payment methods for the execution of the contract. By confirming an order, the Buyer undertakes to check and validate, before sending it, his/her personal data, the goods/services covered by the Contract , their prices, including any shipping costs and/or additional charges, confirming the chosen payment methods and terms, the delivery address, and any other requested information. The order confirmation format provides the Buyer with advance notice of the Contract 's execution times , drawing attention to the right of withdrawal, as well as other rights reserved by law to the Buyer. Once the required checks have been carried out, it will finally be up to the Buyer to select the interactive button - located at the bottom of the web page - by clicking on the "Confirm purchase order with obligation to pay " box , thus forwarding the order to the Seller .

5.2 The online publication of goods and/or services via the Site constitutes a simple invitation to the Buyer to submit a purchase proposal ; in this sense, the Buyer 's order , previously confirmed by the Buyer , constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale , which the Buyer declares to know and accept. The order confirmation - duly completed and verified as per instructions - will be acknowledged by the Seller with a receipt sent to the Buyer 's email address for the sole purpose of confirming its receipt in the Seller 's computer system , which will then begin processing the order, verifying the data provided by the Buyer , such as the availability of the requested items. The Seller 's receipt does not constitute acceptance of the purchase proposal. This receipt—with an attached " Order Number " to be used in all communications with the Seller —reports, in addition to the information required by law , all the above data, which the Buyer will verify again, promptly communicating any necessary corrections to the Seller . Should an inaccurate price or other characteristics of the goods and/or services offered online be found , such as the unavailability of the requested goods, the Seller will promptly notify the Buyer , inviting them to correct the order if still interested, or, after canceling the previous order, place a new order, according to the procedures that will be promptly communicated.

5.3 The Seller has the right to accept or reject the order sent by the Buyer , without the latter being able to assert any rights and/or claims of any kind, for any reason, including compensation, for non-acceptance of the order itself. The Contract will be concluded only when a separate email (or message in the communications center on the Site or equivalent) accepting the purchase proposal is sent, which will also contain information relating to the shipment and the expected delivery date ( Shipping Confirmation ). If the order is processed with multiple shipments, the Buyer may receive separate and distinct Shipping Confirmations . The Buyer may, however, cancel his/her order before receiving the Shipping Confirmation , provided that the order has not been prepared for shipping. In this case, no costs will be charged. In any case, the right of withdrawal remains unaffected under the terms and conditions set out in Article 10 below.

5.4 The amount due will be charged only when the ordered goods are shipped. Upon receipt of payment for the requested goods/services, the Seller will issue the relevant tax document.

5.5 The Contract will not be concluded and will be void of any effect if the procedure set out in this article is not punctually followed.

5.6 For any errors, typos or problems in completing the online forms and, more generally, in carrying out the purchasing procedures set up by the Seller , the Buyer is invited to contact, without delay, the following email address: info@himalaya.it.

6. PAYMENT OF THE PRICE, TAXES AND ANY ANCILLARY CHARGES

6.1 The Buyer undertakes to pay the price requested for the goods purchased online , according to the times and methods indicated on the Site.

6.2 The prices of the goods promoted via the Site, like any other charges/expenses inherent to the invitation to bid , are expressed in Euros.

6.3 Prices include VAT and any other taxes. Shipping costs, as well as any additional charges such as customs clearance , if applicable, are not included in the sale price.

7. METHODS, TIMING AND SECURITY OF PAYMENTS AND POSSIBLE REFUNDS

7.1 Payment for goods/services purchased online will be made according to the method chosen by the Buyer, among those expressly permitted by the Seller and specifically specified in the himalaya.it section of the Website . Use of the aforementioned payment methods does not entail any additional costs for the Buyer , except for any costs incurred by the Seller , which will be duly documented and communicated to the Buyer .

7.2 Any refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer , and, in the event of withdrawal, within a maximum of 30 days (thirty days) from when the Seller has received the returned goods at the destination address.

7.3 All communications relating to payments take place over a dedicated encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the protection of personal data.

7.4 In case of missing products, a refund will be made to the payment method chosen when the order was processed by the Buyer .

8. DELIVERY METHODS AND TIMES

8.1 The Seller shall deliver the ordered goods, without undue delay, at the latest within 30 days (thirty days) from the date of conclusion of the Contract , using the methods indicated on the website or , alternatively, chosen by the Buyer .

8.2 If the Seller is unable to ship the goods within the timeframe indicated in the previous paragraph, he will promptly notify the Buyer by email or by telephone, using the contact details provided during online registration and order placement by the Buyer.

9. METHODS OF STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS

9.1 Pursuant to art. 12 of Legislative Decree 70/2003, as well as articles 50-51 of the Consumer Code , the Buyer is informed that all orders placed online will be stored and archived in digital and/or paper format by the Seller , according to appropriate confidentiality and security criteria. For any copies or other requests in this regard, the Buyer is invited to contact the Seller at the following address : info@himalaya.it .

10. TERMS AND CONDITIONS FOR EXERCISE OF THE RIGHT OF WITHDRAWAL

10.1 The Buyer has the right to withdraw from the Contract , without penalty and without specifying the reason, within 14 calendar days (fourteen days) starting from the day on which the Buyer acquired physical possession of the goods.

10.2 The right of withdrawal is exercised by communicating it to the Seller by email to info@himalaya.it .

10.3 The Buyer must return the goods without delay and, in any case, within 14 days (fourteen) of the purchase date. The Buyer is responsible for the direct costs of returning the goods to the Seller. Every precaution must be taken when shipping the goods, using the original packaging and wrapping, or equivalent, to preserve their integrity and adequately protect them during transport. Returns following the exercise of the right of withdrawal must be made to the following address: ALCEA SRL, with registered office at Via Traversa del Grillo, 23, 00060, Capena, Rome, Italy.

10.4 The Seller will refund the price of the item for which the right of withdrawal has been exercised within 30 days (thirty days) of receiving the returned goods at the shipping destination address by the Buyer . Generally, the Seller will use the same payment method chosen by the Buyer for the initial transaction, unless the Buyer has specified otherwise; in this case , any additional costs resulting from the different payment method chosen will be the sole responsibility of the Buyer . The Seller reserves the right to withhold the refund until receipt of the goods.

10.5 Returned products must be returned unused, intact and in a condition to be resold, in their original packaging complete in all its parts (including packaging, documentation and accessory equipment).

10.6 Upon receipt by the Seller of the communication with which the Buyer expresses his desire to exercise the right of withdrawal, all obligations connected to the Contract will cease , except as provided for in this Article.

10.7 In compliance with art. 59 letter "e" of Legislative Decree 21 of 21/02/2014, the right of withdrawal cannot be exercised for goods that are not suitable for return for hygiene or health protection reasons . Therefore, returns of items intended to come into contact with intimate parts of the person (e.g., briefs, bodysuits, swimsuits, monokinis, etc.) cannot be accepted under any circumstances.

10.8 In the event of a refund for missing products, a refund will be made to the payment method chosen when the order was processed by the Buyer.

11. GUARANTEE OF CONFORMITY, REPORTING AND ACTIVATION OF PROTECTIONS; OTHER POSSIBLE GUARANTEES

11.1 The Buyer is guaranteed that the goods will conform to the Contract within two years of their delivery. Unless proven otherwise, any defects of conformity that become apparent within six months of the date of delivery of the goods are presumed to have already existed on that date, unless this is incompatible with the nature of the goods or the defect of conformity in question.

11.2 In the absence of Conformity of the goods to the Contract , the Buyer may request, alternatively and free of charge, the repair or replacement of the purchased goods, or a price reduction, or the termination of the Contract , unless the request is objectively impossible to satisfy, or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code . If the repair and replacement are impossible or excessively onerous, or the Seller has not repaired or replaced the goods within the agreed timeframe, or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer , the latter may request, at his discretion, a price reduction or the termination of the Contract .

11.3 The Buyer forfeits all rights relating to the conformity of the goods to the Contract if he or she fails to report the alleged lack of conformity to the Seller within 2 months (two months) of its discovery. This deadline does not apply if the Seller has expressly acknowledged the defect or knowingly concealed it. In any case, the report must specify the non-conformity found, as well as at least one photograph of the item in question, all accompanied by the Seller 's receipt proving the purchase.

11.4 The Buyer must send the complaint and related requests to one of the following addresses: i) ALCEA SRL, with registered office at Via Pier Luigi Sagramoso, 7, 00194, Rome, Italy, for communications via registered mail; ii ) or, via certified email, to the following certified email address alceasrl@arubapec.it, or by ordinary email to info@himalaya.it . Upon receipt of the complaint/request and related documentation, the Seller will evaluate the non-conformity reported by the Buyer and, after having carried out the necessary checks, will authorize, or not, the return of the goods by providing the Buyer with a " Return Code ", sent via email to the address provided during the order process. Authorization to return the goods does not, however, constitute acknowledgement of the non-conformity. The goods - for which the Seller has authorized the return - must be returned to the expressly indicated address, together with a copy of the return authorization containing the " Return Code " and in full compliance with the precautions set out in Art. 10.3.

11.5 If the Seller is required to refund the Buyer , in whole or in part, the price paid, the refund will be made, where possible, using the same payment method used by the Buyer to purchase the goods, or alternatively, by bank transfer. It will be the Buyer 's responsibility to provide the Seller , at the time of reporting/requesting, with the bank details for making the transfer in their favor and to ensure that the Seller is able to refund the amount due.

11.6 The right to replacement is in any case subject to the following conditions:

1) The purchased item must be returned unused, intact and in a resalable condition, in its original packaging complete in all its parts (including packaging, documentation and accessory equipment).

2) The shipment, until confirmed receipt in our warehouse, is under the customer's sole responsibility. We are not responsible for damage or theft/loss of goods returned via uninsured or untracked shipments (e.g., priority mail).

3) In the event of damage to the goods during transport, we will promptly notify the customer of the incident (within 5 working days of receiving the goods) to allow them to file a complaint against the courier of their choice and obtain a refund for the value of the goods (if insured).

4) If the returned item is intact in all the above-mentioned respects, we will refund the cost of the goods only (not the shipping costs) within 30 days of receiving the returned item.

11.7 All products (excluding underwear and perishable goods) can be exchanged provided they are returned in their original condition, i.e. unused or worn, with intact packaging, any packaging material, and warranty seals.

It is possible to exchange the product within 14 days (fourteen days):

• for in-store purchases: from the date of purchase;
• for online: from the moment the package is received;
• for orders with Local Pick Up: from the moment the order is marked as “completed”.

Products can be exchanged under the same conditions as above but only for other discounted products in the same product category.

Shipping costs are always paid by the customer, unless the returns are caused by defective products or order errors made by ALCEA SRL itself.

12. NON-ATTRIBUTABLE FAILURES - UNAUTHORIZED PAYMENTS

12.1 The Seller shall not be liable for any failure or delay in performing the Contract if this is due to disruptions attributable to force majeure, unforeseeable circumstances, or in any case not attributable to the Seller .

12.2 The Seller assumes no responsibility for any fraudulent, illicit or irregular use of credit cards, cheques or other means of payment, attributable to wilful or negligent conduct, even if due to minor negligence, by the Buyer with respect to the obligations of safekeeping and timely information to the issuer of the aforementioned means of payment.

13. DEFECTIVE PRODUCTS, COMPENSATORY DAMAGES AND RELATED PROOF BURDEN

13.1 The Manufacturer is liable for damages caused by defects in the goods promoted/sold via the Site . Pursuant to art. 116 of the Consumer Code, the Seller will be liable for damages caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request referred to in the following third paragraph, the identity and address of the Manufacturer, or of the intermediary who supplied the goods in question.

13.2 The injured party may seek compensation for damages caused by death or personal injury, or by the destruction or deterioration of an item other than the defective item, provided that it is normally intended for private use or consumption and used for that purpose by the injured party. In the latter case, pursuant to art. 123 of the Consumer Code, damage to an item other than the defective item will be compensable only to the extent exceeding the sum of €387.00 ( three hundred and eighty-seven euros ). In any case, the injured party will be responsible for proving both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.

13.3 The damage claim, which must be made exclusively in writing, must specify the item that caused the damage, as well as the date and place of purchase. Furthermore, if it still exists, it will be the injured party's responsibility to offer the item in question for inspection, according to the instructions provided by the Manufacturer or Seller , or by third parties indicated by them.

13.4 Compensation for damages will be excluded if the injured party, aware of the defect in the property and the associated dangers, nevertheless voluntarily exposed himself or herself to them. In the event of negligence on the part of the injured party—who could have avoided the damage suffered by using ordinary diligence—the compensation claimed will be excluded or reduced in proportion to the severity of the fault attributable to the victim.

13.5 Any liability for consequences arising from defective goods is excluded if the defect itself is attributable to the conformity of the goods to a mandatory legal provision, or other binding provision, or if the state of scientific and technical knowledge, at the time the goods were put into circulation, did not yet allow them to be considered defective.

14. SPECIFIC HYPOTHESES OF AUTOMATIC TERMINATION OF THE CONTRACT

14.1 The timely payment for goods purchased online, pursuant to Art. 6.1 of these General Conditions of Online Sale , as well as the payment of any additional charges and/or commitments pursuant to Art. 6.3, are considered essential obligations of the Contract .

14.2 Failure to comply with the aforementioned obligations, unless justified by unforeseeable circumstances or force majeure, will result in the automatic termination of the Contract pursuant to art. 1456 of the Italian Civil Code.

15. PROCESSING OF THE BUYER'S PERSONAL DATA (REFERENCE TO SPECIFIC INFORMATION)

15.1 The Seller protects the Buyer 's personal data , guaranteeing full compliance of their processing with the relevant legislation and, specifically, with Regulation 679/2016 as well as with the relevant national regulations ( Privacy Code , as last amended by Legislative Decree 101/2018).

15.2 For details, please refer to the Privacy Policy and Cookie Policy on the site. We hereby inform you that the personal data provided by you, acquired through browsing the Site , will be collected and processed electronically/computerized, and if applicable, on paper, for the following main purposes: i) registering the order; ii) executing the Contract and related communications; iii) fulfilling legal obligations; iv) managing commercial relationships to better perform the requested services.

16. SELLER AND BUYER CONTACT DETAILS

16.1 Official communications addressed to the Seller, such as any complaints from the Buyer , will be valid only if sent by registered mail with return receipt to ALCEA SRL, with registered office in Via Pier Luigi Sagramoso, 7, 00194, Rome, Italy, or forwarded by email to the following address info@himalaya.it , or to the following certified email address (PEC) alceasrl@arubapec.it.

16.2 The Buyer indicates, when registering on the Site or in the order confirmation form , his/her residence or domicile, the relevant telephone numbers and the email address to which communications from the Seller will be sent .

17. AVAILABLE LANGUAGES AND SUPRANATIONAL USABILITY OF THE SITE

17.1 The Site and related services are available in Italian.

17.2 These General Conditions of Online Sale are available in Italian. If translated into other languages, the Italian version will be the only authoritative version.

17.3 Accessible from computers , tablets , smartphones , or other devices , wherever located, the Site promotes goods and/or services intended primarily for the domestic market. Orders from third-party countries, except as specified below, will be accepted and fulfilled as agreed. In this case, unless otherwise agreed, delivery will take place at the Seller 's premises . The Seller/Manager reserves the right, however, to suspend/cease, with short notice and without penalty, any promotional, marketing, sales, or supply of goods and/or services via the Site , if legal/fiscal/customs obstacles, or, in any case, objective obstacles (and not subjective obstacles connected solely to the User 's geolocation ), preclude the receipt of the order and/or the execution of the Contract with Users resident or domiciled in third-party countries.

18. ONLINE OUT-OF-COURT DISPUTE RESOLUTION

18.1 Pursuant to EU Regulation 524/2013, the Buyer is informed of the right to refer the resolution of any dispute with the Seller - regarding the offer and purchase of goods and/or services promoted online - to entities/companies/offices active in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution ), through simple, rapid and economical web procedures (so-called ODR - Online Dispute Resolution ).

18.2 For any information on the aforementioned ODR procedures , please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .

19. COMPETENT COURT AND LAW APPLICABLE TO THE CONTRACT

19.1 Any dispute between the Seller and the Buyer relating to the Contract, and its execution, will be governed by Italian law and administered, barring exceptions, by the judges of the consumer's court .

In any case, the Buyer will be guaranteed the rights conferred by the mandatory consumer protection laws in force in the relevant country of residence and/or domicile.

19.2 For the applicable law and jurisdiction , please refer to Article 66 bis of the Consumer Code , Article 18 of EU Regulation 1215/2012, Article 6 of EU Regulation 593/2008, and, finally, Articles 3 and 57 of Law No. 218/1995.