Terms of service

GENERAL CONDITIONS OF CONTRACT

These general conditions of the contract (the “General Conditions”) provide the terms and conditions applicable to the use by the Consumer (as defined below) of the website www.u-earth.store ("Site"), as well as to the purchase by the Consumer of Products (as defined below) through the Site, on an occasional or periodical basis. 

The Site is managed by, or on behalf of, U-Earth Biotech Ltd (“U-Earth”), VAT number GB311666618, incorporated and registered in the United Kingdom with no. 11599132 and with registered office in 172 Fulham Road - SW10 9PR London. The use on the Site and in the General Conditions of expressions such as “we” or “our” shall be meant to refer to U-Earth. The e-commerce platform referred to on the Site is licensed to U-Earth by Shopify Inc., to whose terms of service and privacy policy we refer. 

By accessing or using the Site, the Consumer declares to have read and accepted unconditionally these General Conditions, the privacy policy of U-Earth (“Privacy Policy” at the link: https://u-earth.store/policies/privacy-policy) and the further legal information in the Sections “Right of withdrawal – Legal guarantee”, “Shipping Policy” and “Legal Notice” of the Site, to be considered an integral and substantial part of these General Conditions. If the Consumer does not intend to accept the contractual conditions provided in these General Conditions, in whole or in part, the Consumer is obliged to leave the Site and not to use, in whole or in part, the services available therein. 

U-Earth reserves the right to modify or simply update, in whole or in part, every part of these General Conditions in the event of a justified reason (such as, by way of example, the need to regulate an additional service offered on the Site, or in the light of new applicable legal, regulatory or contractual requirements). U-Earth undertakes to inform Consumers of all changes and/or updates made by means of an appropriate notice published on the Site. Such changes and/or updates shall be effective and binding for Consumers from the date of publication on the Site.

Without prejudice to further definitions contained in these General Conditions, the terms listed below, where indicated with a capital letter, shall be understood with the meaning ascribed to them below:

Content: has the meaning set forth in Paragraph 6.2.

Consumer: indicates the physical person who acts for extraneous purposes to the entrepreneurial, commercial, handicraft or professional activity eventually carried out. 

Product: means any physical product marketed through the Site.

Services: means the service of sale of the Products and any additional services available from time to time through the Site.

Article 1 – SERVICES

1.1 The content of the Site constitutes an invitation to propose. After accessing the Site, the Consumer will be able to choose between two modalities of providing the Products sales Service: 

1.2 “Occasional Service”: this Service allows the Consumer to purchase one or more Products, on a one-time basis, according to his/her needs;

1.3 “Subscription Service”: this Service allows the Consumer to periodically receive a specific Product from among those included in the Subscription Service.

1.4 In order to use the Services, the Consumer represents and warrants that he/she has attained the age of majority (18 years) and has the capacity to act. The Consumer is solely responsible for the information provided to U-Earth during purchase and registration and that it is accurate, true and complete.

Article 2 – OCCASIONAL SERVICE 

2.1 The Consumer has the right to perform individual purchases of one or more Products by making use of the Occasional Service. In such case, having accessed the Site, the Consumer shall select one at a time the Products he/she wishes to purchase, adding them to his/her shopping basket and submitting the relative order ("Order") through the Site following the available instructions. Before the Consumer can forward the Order to U-Earth, the Site will display a page summarizing the pre-contractual information required by the applicable law. By clicking on the Order confirmation, the Consumer will forward the Order to U-Earth.

2.2 The payment of the price of the Products and the relevant shipping and delivery costs must be made by the Consumer at the time of submitting the Order by entering the data indicated in the Order form. Once the order has been processed and payment authorization has been received, U-Earth will send the Consumer a printable receipt by e-mail summarizing the Order and the simultaneous confirmation ("Order Confirmation"). Under no circumstances shall U-Earth carry out Orders without authorization for payment of the total amount due. U-Earth also reserves the right to refuse, at its sole discretion, any Order placed by the Consumer in the event that, by way of example, but not limited to, the Order comes from a party other than the Consumer, the Order is incomplete or incorrect, or if the Products are not available. In this case, U-Earth will promptly inform the Consumer by e-mail that the Order has not been carried out, specifying the reasons. In the event of payment of the total amount due, U-Earth will immediately reimburse the amount paid by the Consumer using the method of payment already used by the Consumer. Any delays in crediting may depend on the bank or the method of payment used. In any case, the reimbursement of the delivery expenses will never exceed the amount effectively paid by the Consumer.

2.3 Before proceeding to the transmission of the Order, the Consumer will be able to identify and correct any errors in the data entry by following the instructions on the Site. Without prejudice in any case to the exercise of the right of withdrawal in favour of the Consumer as per article 11 of these General Conditions and section of the Site [https://u-earth.store/policies/refund-policy], the Order cannot be corrected and cancelled once U-Earth has sent the Order Confirmation

Article 3 – SUBSCRIPTION SERVICE 

3.1 The Consumer has the option of automatically and periodically receiving a Product by using the Subscription Service. The Products eligible for the Subscription Service are identified as such on the relevant detail page.

3.2 For the activation of the Subscription Service, the Consumer, having identified the product of his/her interest (among those that may be the subject of the Subscription Service), shall select the “Subscription” option, add it to his/her shopping cart, enter the required information and data following the available instructions, then proceed with the payment of the first order. U-Earth will then send the Consumer an e-mail summarizing and confirming the activation of the Subscription Service with reference to the selected Product (“Subscription”). The selected Product will then be ordered and delivered automatically to the address indicated, and at the delivery, the frequency selected, by the Consumer at the time of activation of the Subscription. Prior to each automatic delivery, U-Earth will send the Consumer an email summarizing the Order. Automatic delivery of Orders will continue, at the frequency chosen by the Consumer, until the Subscription is deactivated in accordance with the terms set forth in Section 3.8 below.

3.3 By activating the Subscription, the Consumer expressly authorizes U-Earth to automatically charge for each Order, on the payment date indicated in the Account, the price of the Product (including VAT) and the shipping and delivery costs indicated at the time of activation of the Subscription, on the payment method selected by the Consumer. In some cases, the date of payment may differ (for example, in the event that the charge on the selected payment method fails or in case of changes to the Subscription). Under no circumstances will U-Earth process Orders in the absence of authorization to pay the total amount due. If it is not possible to complete an order using the payment method selected or otherwise indicated by the Consumer, the Consumer hereby authorizes U-Earth to charge the amount of the Order to any other payment method associated with the relevant Account. In the event that no alternative payment method is available in the systems or in the event that the Order cannot be charged to any of the Consumer's payment methods, the Subscription will be suspended, and no further orders will be processed or shipped for 1 month, after which the Subscription will be automatically deactivated.

3.4 U-Earth reserves the right to refuse, at its sole discretion, to activate any Subscription in cases where, by way of example but not limited to, the request comes from parties other than Consumers, is incomplete or incorrect, or if the Products are unavailable. In such case, U-Earth will promptly inform the Consumer by e-mail that the activation of the Subscription has not been carried out, specifying the reasons.

3.5 Through the link contained in the Subscription activation email, the Consumer will be able to create his/her own account (“Account”) through which he/she can manage and/or modify the Subscription (e.g., modify the expected automatic deliveries, the number of Products selected, shipping information). To this end, the Consumer is required to provide certain personal information and choose a password, which the Consumer may change and/or update at any time in the area of the Site [https://u-earth.store/account]. The e-mail address and password provided by the Consumer during registration constitute the credentials for access to the relevant Account (“Credentials”). The Consumer agrees to (i) keep and maintain his/her Account Credentials strictly confidential and not to transfer, disclose or otherwise make them accessible, even temporarily, to third parties; (ii) immediately notify U-Earth’s customer support of any unauthorized use of his/her Account or any other fact likely to compromise its security, including the misappropriation of Credentials. The Consumer shall be held solely responsible for the safekeeping and proper use of the Credentials and the Account, and U-Earth assumes no liability with respect to the misuse, loss and/or misappropriation of such Credentials.

3.6 The Subscription Service also confers to the Consumer the benefits from time to time indicated on the relevant detail page of the Site. The Subscription and associated benefits are strictly personal and may not be transferred or assigned to third parties. 

3.7 The Consumer shall have the right to change (e.g., change the date of the next Order, skip an order, change the selected frequency) or suspend, at any time and at no additional cost, its Subscription (i) through its Account, accessible here https://u-earth.store/account, or (ii) by writing to the address support@u-earth.store. It is understood that the same Subscription may not be suspended for periods of time longer than 2 months and for more than two times. The change or suspension will be effective immediately, except for Orders already confirmed, which will be duly processed and charged to the Consumer.

3.8 The Consumer shall give notice of its intention to deactivate its Subscription either (i) through its Account, by selecting “Cancel Subscription”, or (ii) by writing to support@u-earth.store. Deactivation will be effective immediately, except for Orders already confirmed, which will be duly processed and charged to the Consumer. In such a case, the Account will be closed automatically.

3.9 U-Earth reserves the right to cancel a Consumer's subscription to the Subscription Service at any time if it believes that the use of the Subscription constitutes a violation of these Terms and Conditions or any applicable law or in the event that the Consumer misuses or fraudulently uses his/her Subscription. In such a case, U-Earth will promptly notify the Consumer, specifying the reasons. Cancellation of the Subscription will be effective immediately, except for any Orders already confirmed, which will be duly processed and charged to the Consumer.

3.10 In the event that there are problems, which U-Earth is unable to resolve, relating to, without limitation, the delivery address, Account or payment method, U-Earth will notify the Consumer by email or through the Consumer's Account. In such cases, the Subscription will be automatically suspended, and no further orders will be processed or shipped until the problem is resolved. After 1 month has passed without resolution of the problem, the Subscription will be automatically deactivated.

3.11 If the Product of the Subscription is no longer included in the Subscription Service, the Subscription may be changed to a replacement product. In such case, U-Earth will inform about such change the Consumer, who may freely deactivate his/her Subscription.

3.12: The subscription contract signed by the consumer taking advantage of the "Subscribe & save" promotion shall have a minimum duration of 2 (two) months starting from the date of activation and shall be automatically renewed for successive periods of 24 months, unless cancelled by the consumer to be communicated by e-mail to support@u-earth.store at least 30 days before the automatic renewal date.
By reason of the granting of the advantages associated with the "Subscribe & save" promotion, the consumer accepts that the subscription contract shall have a minimum duration of 2 (two) months from the date of subscription. In any event, the consumer remains free to cancel the subscription at any time, it being understood that if the cancellation is effective from a time prior to the expiry of the aforementioned period of 2 (two) months from the date of subscription, U-Earth may request the consumer to refund an amount corresponding to the discounts enjoyed up to that time.
For the sake of clarity, it is understood that if the consumer gives notice of cancellation within the aforementioned period of 30 days prior to the first automatic renewal and with effect from the expiry of the period 2 (two) months from the subscription, U-Earth shall not proceed to claim from the consumer the amounts corresponding to the discounts enjoyed up to that time.

 

Article 4 – PRODUCTS AND SHIPPING METHODS

4.1. The specific methods of shipping and delivery of the Products are detailed in the "Shipping Policy" section of this Site, which forms an integral and substantial part of these General Conditions. The Site indicates the availability of the Products and the times of relative delivery, which shall commence from the sending of the Order Confirmation of the Order unless otherwise indicated. Such information is, however, to be considered non-binding for U-Earth.

4.2. U-Earth undertakes to promptly inform the Consumer of any delay in the shipment of the Products, at the same time indicating a new delivery date, where possible. Should this deadline expire without the Products having been delivered to the Consumer, the latter will be entitled to terminate the relationship relative to the specific Order. In this case, U-Earth will refund the Consumer the amount already paid. In any case, the reimbursement of delivery costs may never exceed the amount actually paid by the Consumer. In the event that the delivery is unsuccessful for reasons attributable to the Consumer, U-Earth will charge the latter for the costs incurred to return the Product to the warehouse of departure of the shipment.

4.3. Delivery costs, together with any additional applicable costs, are indicated from time to time in the Order and in the Order Confirmation and are exclusively charged to the Consumer.

4.4 The Consumer is solely responsible for verifying the condition of the Product delivered to him/her. In the event that the product packaging and/or the Product show signs of tampering or alteration, it is recommended to promptly notify U-Earth's customer care service by sending an e-mail to the following address: support@u-earth.store.

4.5 The essential characteristics of the Products are presented on the Site within each Product sheet. However, U-Earth does not provide any guarantee, nor can it be held responsible in any way for the truthfulness, completeness, accuracy, reliability or updating of the Contents and, in general, of the information (including that relating to the Products) published on the Site. In particular, the Consumer acknowledges and accepts that the descriptive sheets, the images and the colours of the Products are for illustrative purposes only and may differ from the real ones.  

Article 5 – PRICES AND PAYMENT METHODS

5.1. The prices indicated on the Site with reference to the Products are expressed in Euro or in the currency of the country of purchase and are inclusive of the applicable value-added tax (VAT). The price of the Products offered on the Site may be modified by U-Earth at any time and without prior notice, without prejudice to the fact that the price charged to the Consumer will be that indicated on the Site at the time the order is sent (in the case of Occasional Service) or at the time of activation of the Subscription (in the case of Subscription Service). In the event that a Product is offered on the Site at a discounted price, the information sheet will indicate the original price and the percentage discount applied.

5.2. The Consumer may use the following means of payment: (i) credit card or (ii) debit card. The Consumer may also use the payment methods provided by Klarna Bank AB, with reference to which more information can be obtained by reviewing the relevant terms and conditions of use set forth in the following link https://cdn.klarna.com/1.0/shared/content/legal/terms/0/it_it/paylaterin3. Further and/or different methods of payment may be added at the discretion of U-Earth in the relevant section of the Site.

5.3. The Consumer's credit and/or debit card details (credit/debit card number, holder, security code, expiry date, etc.) will be protected by encrypted protocols and special security systems for online transactions. U-Earth will use the data only to complete the procedures relating to the purchase of the Products and to issue any refunds in the event of the return of the Products themselves, or if it is necessary to prevent or report fraud to the police.

5.4. From time to time U-Earth may activate gift cards and/or discount codes for use within the Services. In the event that the Consumer should use a gift card and/or a discount code, these can be activated within the date of validity of the same and/or within the date scheduled for its activation, under the conditions indicated in the rules of the promotion or made known to the Consumer at the time of delivery of the gift card and/or discount code or imprinted on the gift card and/or discount code. U-Earth reserves the right to verify that the conditions entitling the Consumer to take advantage of a gift card and/or a discount code or, in any case, of facilitated conditions within the framework of promotion are actually complied with by the Consumer. U-Earth also reserves the right to revoke a gift card and/or a discount code or to suspend and/or deactivate the Consumer's Account in the event of a well-founded suspicion regarding the existence of an attempt to defraud in relation to the foregoing. By way of example and not limited to the foregoing, U-Earth reserves the right to deactivate any multiple Accounts created by the same Consumer to take advantage of any promotion multiple times.

Article 6 – INTELLECTUAL PROPERTY AND PERMITTED USE OF THE SITE

6.1. Access to and use, by the Consumer, of the Site (meaning, by way of example, the display of the various sections, communication with U-Earth, the possibility of downloading information and/or images and/or videos of the Products, the purchase of Products, etc.) are activities carried out exclusively for personal and domestic use, unrelated to any commercial, entrepreneurial and/or professional activity.

6.2. These General Conditions do not grant the Consumer any rights of any kind whatsoever over the Site. The Consumer acknowledges and accepts that all industrial and/or intellectual property rights on the Site and on the Products – in whole and in all their parts and including but not limited to, materials, texts, graphics, photographs, static and moving images, audio, video, illustrations present or visible on the Site as well as trademarks  “U-Earth”, “U-Mask” and “Pure Air Zone” and, in general, distinctive signs and logos, of any type and nature, visible on the Site (jointly, the “Contents”) are and remain the property of U-Earth and/or its third-party owners, in whole and in all their parts and anywhere in the world. In the absence of express prior authorization by writing from U-Earth and/or its third-party owners, as the case may be, the Consumer, therefore, undertakes to refrain from any reproduction, temporary or permanent, in any form and by any means, of the Contents, in whole and in all their parts.

6.3. The Consumer undertakes to use the Site, the Products and the Contents in full compliance with the applicable law and the industrial and/or intellectual property rights of U-Earth and/or its third-party owners. To this end, the Consumer undertakes, without any limitation: (i) not to circumvent the technical limitations and technological protection measures present on the Site; (ii) not to reverse engineer, decompile or disassemble the Site and/or its Contents; (iii) not to use the Site contrary to the instructions in force from time to time or for purposes unrelated to the General Conditions; (iv) not to copy store, modify, adapt, distribute, transmit, reproduce, publish, share, license, derive other applications and/or contents, transfer in any way portions or elements of the Site and/or the related Contents; (v) not to develop, support, use or have used devices or any other means or process suitable for scraping the Site, or otherwise, to massively or punctually copy the data and/or the Contents from the same; (vi) not to remove copyright notices, distinctive signs and/or any other notice on the Site and/or the Content. The reproduction, in whole or in part, of the Site and its Contents on any other external site, or the creation of links, hypertext, links or deep linking between the Site and any other site is prohibited without the prior written consent of U-Earth.

6.4. U-Earth reserves the right, at any moment, to (i) make the Site accessible and the Service available, in whole and in part, in the times and in the manner determined by the same in its sole discretion, as well as to (ii) cancel, remove or modify the Services and/or Products and/or Contents; (iii) modify the Site, the Products and, in general, everything contained and/or made available therein, including the graphic interfaces and functionalities, at its sole discretion and without any obligation of any nature whatsoever towards Consumers and (iv) in general suspend the availability of the Site and/or the Service, in whole or in part and for as long as necessary, even in the case of ordinary or extraordinary maintenance. The Consumer expressly accepts that U-Earth does not provide any guarantee, express or implied, relating to the continuity or correct functioning of the Site and/or the Service.

6.5. The Consumer grants U-Earth a non-exclusive, non-onerous, perpetual, unrestricted, transferable and sub-licensable license to use, modify, copy, publish, distribute, transcribe, communicate to the public by any present and future means, translate and, in general, exploit all the suggestions, proposals, messages, comments, images, videos, photos, contents, materials and/or documents that the Consumer may send and/or transmit by any means to U-Earth. Without prejudice to the foregoing, the Consumer acknowledges and accepts that any publication of contents sent and/or transmitted and, in general, articles and materials on the Site is carried out by U-Earth and at its full and exclusive discretion, based on the nature and quality of the content itself. The Consumer acknowledges and recognizes that U-Earth (i) does not carry out any prior verification of the contents sent and/or transmitted by the Consumer and that (ii) is not subject to any general obligation to actively search for facts or circumstances that indicate the presence of illicit activities on the Site. Therefore, the Consumer is solely responsible for the contents sent and/or transmitted by him/her and for its use and publication on the Site. U-Earth does not provide any guarantee, nor can it be held responsible in any way for the truthfulness, completeness, accuracy or reliability of the contents of the Consumer published on the Site.

6.6. It is expressly forbidden for the Consumer to use the Site in order to send, publish, transmit and/or share data, contents or documents that: 

1. contain viruses, trojan, worm, malware, trojan horse or, in any case, other IT elements of contamination or destruction or aimed at carrying out a denial-of-service or distributed denial-of-service;
2. constitute spamming, phishing and/or similar activities;
3. conflict with or violate the intellectual property rights owned by U-Earth and/or third parties;
4. have discriminatory, defamatory, libellous or threatening content;
5. contain material that is pornographic, child pornography, obscene or otherwise contrary to public morality;
6. is in any case in conflict with the applicable laws and/or regulations.

U-Earth shall be entitled to report to the competent authorities any violation of any of the prohibitions set forth in this paragraph. 

6.7 The Consumer undertakes to indemnify and hold harmless U-Earth from any damages, claims, penalties, liabilities and/or burdens, direct or indirect and including, without limitation, reasonable legal fees, that U-Earth may suffer or incur as a result of the breach or violation of any of the obligations set forth in this Article 6.

 

Article 7 – THIRD-PARTY LINK

7.1. The Consumer understands that the Site may include content and/or links to third-party websites or other services that are not owned, controlled or managed by U-Earth and for which U-Earth assumes no responsibility ("Link"). The Links may redirect to third party websites outside of the Site and, therefore, on environments not controlled or managed by us. U-Earth does not accept any responsibility for the content and activities of the sites, portals and/or platforms to which the links are directed. The Consumer is therefore requested to pay the utmost attention when connecting to these websites through the Links and to carefully read the respective conditions of use and privacy regulations, as well as any documentation of legal relevance published by the same.

 

Article 8 – PERSONAL DATA

8.1. To find out more about the nature of the personal data we collect through the Site, how we process it and how we use cookies, please see our privacy policy and our cookie policy (at the link: https://u-earth.store/policies/privacy-policy). 

 

Article 9 - GUARANTEE

9.1. Under the terms and conditions set out in this article, all Products purchased on the Site are covered by the legal guarantee which covers conformity defects that occur within a maximum of twenty-four (24) months from the date of delivery of the same ("Legal Guarantee"). 

9.2. The specific procedures for exercising the right to guarantee the Products are also detailed in the section “Right of withdrawal – Legal Guarantee” of the Site, which forms an integral and substantial part of these General Conditions.

1. In case of defects and/or non-conformity of a Product, the Consumer shall have the right to restore the conformity of the Product itself, through replacement or, alternatively, through the termination of the contract. 
2. The defect and/or non-conformity must be reported to U-Earth unless U-Earth has acknowledged the existence of the defect or concealed it, (i) by transmitting to U-Earth’s customer care service (support@u-earth.store) a communication to this effect, indicating the defect and/or non-conformity found and the order number, and (ii) by sending the Products, where the Consumer is located in the European Union, to the following address: U-Earth Biotech LTD, Via Scarpa 9 (inside courtyard), 20145, Milan - Italy; where, the Consumer is located outside the European Union, to the following address: 172 Fulham Road - London SW10 9PR.
3. U-Earth shall promptly reply to the communication and, if the lack of conformity is detected, shall send the replacement product within a reasonable period of time and without charge. The Consumer will have the right to the restoration, within a reasonable term and without expenses, of the conformity of the Product through substitution or, if the substitution does not turn out to be possible, through the resolution of the Contract.
4. The deformities that are verified subsequently to the delivery and that are the consequence of certain accidental facts, due to responsibility of the Consumer or to use of the Products not conforming to the General Conditions, to the relative technical documentation and/or to the Product’s destination of use, are excluded from the field of application of the Legal Guarantee.

 

Article 10 – LIMITATIONS OF LIABILITY

10.1 U-Earth undertakes to do everything reasonably necessary to allow the constant availability of the Site and, in general, the continuity of the Services, except in the event of total or partial impossibility not attributable to U-Earth and/or in the event of force majeure. U-Earth, therefore, may not, in any case, be held liable for total or partial unavailability of the Site and the relative Services, where such unavailability is due to, by way of example but not limited to, causes attributable to suppliers of network access services, as well as where the Site requires maintenance and/or updating activities that cannot be carried out without interruptions and/or suspensions of the availability of the same. U-Earth shall not be liable for any damages, costs, expenses and/or charges suffered or incurred by the Consumer as a result of the unavailability of the Site in accordance with the provisions of this paragraph, as well as a result of problems related to the network, providers or telephone and/or computer connections, unauthorized access and/or alteration of data as a result of incorrect management of access credentials to the account by the Consumer, as well as the failure and/or malfunction of the electronic equipment of the Consumer.

10.2. U-Earth may not be held responsible for the use of the Site and/or the Products by the Consumer in a manner that does not comply with the General Conditions and/or the laws and regulations in force from time to time. U-Earth shall also not be liable for any damages, expenses, costs and/or charges that may be incurred by the Consumer or third-parties as a consequence of improper use of the Products or, in any case, use that is different from that envisaged by the relative technical characteristics.

10.3. U-Earth does not assume any responsibility in relation to the correctness and truthfulness of the data indicated by the Consumer in the Order and/or in any case entered by the Consumer in the Site, or in relation to the fact that the Products and/or Services purchased are suitable to meet the needs and expectations of the Consumer.

10.4. Under no circumstances U-Earth may be held liable for violations of these General Conditions, where such violations are the result of force majeure. By way of example, but not limited to, the following are considered force majeure: acts and measures of public authority, general strikes, epidemics, lack of means of transport, war, riots or other military actions, floods, natural disasters or any other unforeseeable event that is beyond the reasonable sphere of U-Earth's control and that prevents the full and correct fulfilment of the General Conditions.

10.5. Without prejudice to what is set forth in the previous paragraphs, the Consumer also acknowledges and accepts the additional legal information in the section “Legal notice” of the Site and the limitations of liability indicated therein, to be considered an integral and substantial part of these General Conditions.

 

Article 11 - WITHDRAWAL 

11.1. Under the terms and conditions established in this article 9, the Consumer qualified as a Consumer, if it is not satisfied with the Products purchased on the Site, may return them and obtain a refund of the price already paid ("Right of Withdrawal"). In this regard, it should be noted that the Right of Withdrawal cannot be exercised in the case of purchases made by users with a VAT number.

11.2. The specific procedures for the return and refund of the Products are also detailed in the “Right of withdrawal – Legal Guarantee” section of the Site, which forms an integral and substantial part of these General Conditions.

11.3. With regard to sealed goods that are not suitable to be returned for hygienic reasons or reasons related to health protection, the Right of Withdrawal may be exercised by returning the purchased products only on the condition that they have not been opened after delivery.

11.4. The Consumer shall have the right to withdraw from these General Conditions without the need to provide any reason, within fourteen (14) days from the date on which the Consumer or a third party, other than the carrier designated by the Consumer, (i) acquires physical possession of the Product, for the Occasional Service, (ii) acquires physical possession of the first order of the Product covered by the Subscription, for the Subscription Service. 

11.5. The Consumer must communicate its intention to exercise the Right of Withdrawal to U-Earth customer care: (i) by using and sending the withdrawal form (downloadable at this link) to the e-mail address support@u-earth.store or (ii) by sending a communication to this effect, including the Order number being returned and proof of purchase of the Products, to the e-mail address support@u-earth.store (each of such method, the "Withdrawal Statement"). 

11.6. The Consumer must return the Product properly sealed in its original packaging and the costs of return will be borne by him/her. The Product must be sent, where the Consumer is located in the European Union, to the following address: U-Earth Biotech LTD, Via Scarpa 9 (inside courtyard), 20145, Milan - Italy; where, the Consumer is located outside the European Union, to the following address: 172 Fulham Road - London SW10 9PR.

11.7. In the event of the exercise of the Right of Withdrawal, U-Earth will proceed, without undue delay, to reimburse the price paid by the Consumer for the Product and the delivery costs incurred by the Consumer (not exceeding the amount provided for "standard" shipping of the Product), within 14 days from the moment in which it is informed of the decision of the Consumer to withdraw from the General Conditions (as per point 11.5). The refund will be made using the same payment method used by the Consumer for the initial transaction unless the Consumer has expressly agreed otherwise. U-Earth will withhold the refund until it has verified the condition of the package containing the Product. 

11.8. The Product must be kept and inspected with normal diligence and returned intact, unused, sealed in its original packaging, accompanied by all accessories and package leaflets, as well as perfectly suitable for its intended use and without signs of wear or dirt. 

11.9. U-Earth will notify by e-mail the Consumer, within 10 (ten) days from receipt of the Withdrawal Statement, the actual receipt of the Product and the possible intention not to comply with the request of the Consumer, specifying, in this case, the reasons for the refusal.

Article 12 – FINAL CLAUSES

12.1. The General Conditions contain the entire discipline of the relationship between the parties with reference to what is the subject of it, being understood to prevail over any previous understandings and agreements between the parties.

12.2. Any tolerance by U-Earth of behaviours put in place by the Consumer in violation of the provisions contained in these General Conditions does not constitute a waiver of the rights arising from the violated provisions nor the right to demand the exact fulfilment of all the terms and conditions provided herein.

12.3. In the event that any provision of the General Conditions is or becomes illegal, null or unenforceable, and/or if one or more of the provisions cannot, for reasons other than the non-fulfilment of the obligated party, be fulfilled in strict compliance with the provisions agreed herein, the remaining provisions will remain full force and effectiveness.

 

Article 13 – APPLICABLE LAW AND COMPETENT COURT

13.1. These General Conditions are governed by Italian law and must be interpreted in accordance with the same. For all that is not expressly provided for in these General Conditions, Italian law will therefore apply, without prejudice to the necessary application law applicable to the specific Consumer, if qualified as a Consumer.

13.2. The Consumer, in the event of a dispute with U-Earth, shall be entitled to access and use the European Online Dispute Resolution platform ("European ODR Platform") for the resolution thereof. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Regulation (EU) no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from contracts of sale or online services between a Consumer residing in the European Union and a professional established in the Union, through the intervention of an ADR (alternative dispute resolution) body that has joined it, selectable from a specific list available therein. For further information on the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure relating to a contract of sale of one or more Products on the Site, simply access the following link http://ec.europa.eu/consumers/odr. The e-mail address of U-Earth to be indicated in the European ODR Platform is as follows: support@u-earth.store

13.3. In the event that the attempt at conciliation referred to in the previous article is not adhered to or the attempt is unsuccessful, any dispute relating to the use of the services and/or the use of the Site shall always be referred to the court of the place where the Consumer qualified as a Consumer has his/her residence or domicile.

 

Article 14 – CONTACTS AND ASSISTANCE

14.1 The Consumer may request support from U-Earth through the customer care service by writing an e-mail to: support@u-earth.store. U-Earth will reply to the Consumer as soon as possible. U-Earth also provides the Consumer with a "do-it-yourself" assistance service, which is available at the following link: https://help.u-earth.eu/en/knowledge

14.2 Without prejudice to the foregoing, any questions or comments concerning the Site and/or these General Conditions and, in general, any communication to U-Earth must be sent to the following e-mail address: support@u-earth.store

14.3 Without prejudice to the fact that, if any communication has been provided by the Consumer to U-Earth, U-Earth may address any communication to the Consumer through the e-mail address, U-Earth reserves the right to make any further communication and send notifications and messages to the Consumers through the Site.