General Conditions of Sale

1. Scope of application

1.1 These General Conditions of Sale govern the sales contract (hereinafter, for brevity, the "General Conditions") to users of the website ("Buyers" or "Buyer"), via telematics, of goods sold on the website www.department5.com ("Site"), managed by CATRIA CONFEZIONI SPA - with registered office in Via 25 Aprile 7 CAP 61037 MAROTTA DI MONDOLFO (PU) - Italy, VAT number: 00162040414 ("DEPARTMENT FIVE").

1.2. When purchasing on the Site, the Buyer accepts these General Conditions and undertakes to respect them. In the event of non-acceptance of these General Conditions, the Buyer will not be able to purchase products through the Site.

1.3 The “Shipping and Delivery”, “Returns and Exchanges” and “Payment Methods” sections on the Site must be considered an integral and substantial part of these General Conditions of Sale.

2. Changes to the General Conditions

2.1. DEPARTMENT FIVE reserves the right to make changes to these General Conditions at any time where such changes are necessary to comply with legal provisions, to adapt the General Conditions to the commercial policies of DEPARTMEN TFIVE or for technical reasons. The updated version of the General Conditions is published from time to time on the Site. In any case, the version of the General Conditions in force at the time the purchase order is sent applies to each purchase.

3. Creating an account

3.1. To proceed with the purchase of products on the Site, the Buyer can log in as a guest (see point 4) or create a new account on the Site and log in with his/her authentication credentials.

3.2. To create a new account on the Site, the Buyer must correctly fill in the fields of the registration form, entering all the data requested therein (for example and not limited to: name, surname, e-mail, password), confirm that he has read the privacy policy on the Site, provide any further consents and confirm the registration.

3.3. In order to create an account on the Site, the Buyer must choose a password that he/she is required to keep confidential. The Buyer's username, however, will coincide with the email address indicated by the Buyer himself/herself during registration.

3.4. Following registration on the Site, the Buyer will receive an email confirming registration, to the address indicated during the registration phase.

3.5. The Buyer may cancel his/her account at any time by sending an email to DEPARTMENT FIVE at orders@department5.com. Upon receipt of such communication, any contractual relationship between the Buyer and DEPARTMENT FIVE, except for purchase orders already sent prior to the cancellation request, will be considered terminated and the Buyer's username and password will be deleted.

4. Purchase as a “Guest”

4.1. The Buyer may also purchase through the Site as a guest, without creating an account on the Site. In this case, the Buyer must correctly fill in the fields of the specific form on the Site, entering all the data requested therein (for example and not limited to: name, surname, billing and delivery address, email and telephone number), and accept these General Conditions.

5. Conclusion of the purchase contract

5.1. The submission of a purchase order through the Site constitutes a binding offer to purchase the selected products and, therefore, the conclusion of a purchase contract, which will be entirely governed by these General Conditions (" Contract ").

5.2. Once the purchase order has been sent, DEPARTMENT FIVE will send the Buyer an email confirming receipt of the order, containing the order number and the details of the order placed (" Confirmation of Receipt "). However, it is understood that the conclusion of the Contract is subject to the express approval of the purchase order by DEPARTMENT FIVE, which consists of sending an email with which DEPARTMENT FIVE confirms to the Buyer that the order is being shipped (" Confirmation of Shipping "). Therefore, the Buyer acknowledges that the Confirmation of Receipt does not constitute acceptance of the purchase order and that the Contract will be deemed concluded upon receipt by the Buyer of the Confirmation of Shipping, pursuant to the following art. 9.2.

5.3. Before confirming the purchase order, the Buyer is required to check the purchase order summary to ensure that all data provided is correct. Any errors in data entry may be corrected using the appropriate data modification functions on the Site. In the event of errors that the Buyer becomes aware of only after confirming the purchase order, the Buyer may correct them by sending an email to: orders@department5.com.

5.4. The Buyer is required to keep the order number present in the Confirmation of Receipt in order to access the assistance service and for any other communication with DEPARTMENT FIVE.

6. Product Availability

6.1. The Buyer may select for purchase purposes only the products present in the catalogue published on the Site and available at the time of the order. The selected products are placed in the cart, the contents of which may be cancelled or modified at any time up until the purchase order is sent.

6.2. The products are accompanied by a descriptive sheet of their main characteristics. The images and colours of the products in the descriptive sheets may not faithfully correspond to the real ones due to alterations in colour and/or light caused by the Internet browser or monitor used. The Buyer therefore waives the right to raise objections in this regard.

6.3. If one or more Products presented on the Site are no longer available or on sale at the time the order is sent by the Buyer, DEPARTMENT FIVE will promptly inform the Buyer and in any case within 14 (fourteen) days from the day following the day on which the order was received, of the possible unavailability of the Products ordered. In the event of payment of the price, DEPARTMENT FIVE will immediately refund the amount paid in advance by the Buyer.

7. Product quality and prices

7.1. The published prices and final invoices will be in Euro (EUR) or US$, depending on the shipping countries, and are inclusive of VAT.

7.1. The selling prices are those published online at the time the purchase order is placed. These prices may be subject to change without prior notice. It is the Buyer's responsibility to check the final price before placing the order.

7.4. All prices of the products on the Site are net of shipping costs, which remain entirely the responsibility of the Buyer.

7.5. Shipping and transport costs, together with other additional costs, if applicable, will be indicated separately in the purchase order summary and in the Confirmation of Receipt (point 5.2).

8. Payments

8.1. The Buyer can make the payment through the other payment methods available on the DEPARTMENT FIVE website, by way of example but not limited to:

8.1.1. Paypal

8.1.2. ShopPay

8.1.3. GooglePay

8.1.4. ApplePay.

8.1.6. Credit Card: Visa, MasterCard, American Express, UnionPay, Maestro.

8.2. The available payment services do not have differentiated or additional costs.

8.3. The price must be paid at the time the order is placed.

8.4. DEPARTMENT FIVE reserves the right not to accept the purchase order in the event of failure to authorise payment by the manager of the payment method used pursuant to Article 8.1.

8.4. Any refunds of the amounts paid by the User to the Company will be made using the same payment method used by the User to make the purchase. Refunds will be processed in the times and ways established by the manager of that payment method.

9. Shipping and delivery of products

9.1 Shipping

9.1.1 The specific shipping methods for the Products are detailed in the “Shipping” section of this Site, which forms an integral and substantial part of these General Conditions of Sale.

9.2. Delivery

9.2.1 The products purchased on the Site are delivered, by courier, to the shipping address indicated by the Buyer during registration on the Site or when purchasing the product.

9.2.2. Upon delivery of the products to the courier by DEPARTMENT FIVE, the Buyer receives the Shipping Confirmation, in which the tracking code for monitoring the shipment is expressly indicated.

9.2.3. Delivery is deemed to have taken place at the time of acquisition, by the Buyer, of the material availability of the products, which will be proven by signing the delivery of the order to the agreed shipping address.

9.4. Upon delivery of the product, the Buyer is required to check that the packaging is intact and without signs of damage, tampering or alteration. Otherwise, the Buyer must promptly inform DEPARTMENT FIVE of the incident by contacting the Company's customer service (" Customer Service ") at orders@department5.com .

9.5. By placing an order, the customer establishes a commercial relationship with DEPARTMENT FIVE and undertakes to accept delivery of the package relating to the order placed. If the package cannot be delivered to the shipping address indicated for reasons attributable to the customer's lack of cooperation (wrong or incorrect telephone number, wrong or incorrect shipping address, absent recipient), or if the customer refuses to collect the package, the package will be returned to the sender DEPARTMENT FIVE in Italy at the customer's expense. The costs include shipping costs and any tax and duty charges; the amount will be deducted from the total order to be refunded.

Inside the package, along with the goods, there will be a summary document of the order. This document will report the total amount of the goods purchased in the same currency as the original order and the amount of each item purchased.

10. Buyer's Representations and Warranties

10.1. The Buyer declares and guarantees:

10.1.1. to be able to legitimately enter into the Contract;

10.1.2. to be of legal age;

10.1.3. that the personal data and other information communicated to DEPARTMENT FIVE during registration on the Site or purchase of a product are truthful, correct and up to date. DEPARTMENT FIVE reserves the right to verify at any time and by any means at its disposal the information provided, including by requesting suitable supporting documentation from the Buyer and, in the event of violation of this article 10.1.3, to deactivate or suspend the User's account;

10.1.4. that he/she will use the Site in compliance with any applicable law or regulation, refraining from any form of direct and/or indirect use of the Site that is in conflict with the law, these General Conditions or harmful to the rights of third parties.

10.2. The Buyer undertakes to indemnify and hold the Company harmless from any liability, action, cost, expense and claim that may arise from the Buyer's violation of Article 10.1, without prejudice in any case to the possibility for the Company to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code in the event of violation by the User of the aforementioned declarations and guarantees.

11. Legal guarantee of conformity

11.1. The products sold through the Site to the Buyer enjoy the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code (" Legal Guarantee ").

11.2. Without prejudice to the provisions of Article 6.2 above, DEPARTMENT FIVE is required to deliver to the Buyer products that comply with the Contract.

11.3. DEPARTMENT FIVE is liable to the Buyer for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has become apparent within 2 (two) years of delivery of the product. The Buyer loses his rights under the Legal Guarantee if he does not report the lack of conformity to DEPARTMENT FIVE within 2 (two) months of the date on which he discovered the defect, by contacting Customer Service via email at orders@department5.com; this report must contain an accurate and complete description of the defects or faults contested and photos of the product, highlighting the lack of conformity reported. Customer Service will promptly respond to the Buyer, giving instructions for any return of the product.

11.4. The return of the product will be carried out at the expense of DEPARTMENT FIVE if, in light of the complaint of the lack of conformity and the photographic documentation received, the Customer Service deems the reported defect to exist. If, however, the Customer Service, following the analysis of the photographic documentation, does not deem the Buyer's complaint to be well-founded, the latter will be free to send the product to DEPARTMENT FIVE, at his own expense, for the sole purpose of subjecting it to physical analysis by the latter. The Buyer must attach to the product for which he intends to assert the Legal Guarantee what was received from the Customer Service following the complaint of the defect, the summary document, containing the details of the order, and any other document reasonably requested by DEPARTMENT FIVE.

11.5. The Buyer may ask DEPARTMENT FIVE, at its discretion, to repair the product or replace it, at no cost to the Buyer, unless the chosen remedy is objectively impossible or excessively expensive compared to the other.

11.6. If repair and replacement are impossible or excessively expensive, the Buyer may request, at his discretion, an appropriate reduction in price or termination of the Contract.

11.7. Where, after receiving the product, DEPARTMENT FIVE verifies that the reported lack of conformity actually exists, any transport, repair or replacement costs of the product will remain the responsibility of DEPARTMENT FIVE; if the transport costs were incurred by the User pursuant to art. 11.4 above, they will be reimbursed by the Company. Otherwise, or where DEPARTMENT FIVE verifies that the reported lack of conformity does not exist or that the conditions for the applicability of the Legal Guarantee do not exist, the Legal Guarantee will not apply and all transport costs – both those incurred by the Buyer for sending the product to DEPARTMENT FIVE and vice versa – will be the responsibility of the Buyer; in this case, DEPARTMENT FIVE will notify the Buyer and the product will be returned to the shipping address indicated by the Buyer. In all cases of non-delivery of the products to the Buyer, the products will be kept in storage for a period of 15 days or for the longer period indicated in the notice of attempted delivery left to the Buyer. If this period expires without the Buyer having collected the products, DEPARTMENT FIVE will have the right to charge the storage costs to the Buyer and to freely dispose of the products.

11.8. The Buyer acknowledges and accepts that any defects or damages caused by accidental events or by the User's responsibility or by use of the products not in accordance with their intended use or by normal wear and tear will not be covered by the Legal Guarantee.

12. Right of withdrawal

12.1. The Buyer has the right to withdraw from the Contract within 14 (fourteen) days, without being obliged to indicate the reasons. The withdrawal period expires after 14 (fourteen) days from the day on which the Buyer takes possession of the purchased product.

12.2. Before the expiry of the withdrawal period as determined above, the Buyer may make the return request by filling out the form on the Site, or by means of another explicit declaration of his decision to withdraw from the contract, to be sent by email to orders@department5.com, which includes the details of the purchase, the order number and the name and email address of the Buyer and the email address.

12.3. In the event of withdrawal, DEPARTMENT FIVE will fully refund the Buyer the price of the returned products. The shipping costs for returning the product, as well as duties and customs charges, where applicable, are the responsibility of the Buyer.

12.4. In case of exercising the right of withdrawal, the Buyer must return the purchased products to DEPARTMENT FIVE within 14 (fourteen) days, starting from the day on which he communicated to DEPARTMENT FIVE his decision to withdraw from the Contract. For the purposes of returning the product, the Buyer can choose between the following options:

- use the courier service chosen by DEPARTMENT FIVE. In this case, the Buyer does not have to pay the return costs himself, as DEPARTMENT FIVE will pay them on behalf of the Buyer, withholding them from the refund due to the Buyer; if the Buyer chooses to use this service, he must indicate this at the time of the return request, referred to in the previous art. 10.2, through which he declares to DEPARTMENT FIVE his intention to withdraw from the contract. DEPARTMENT FIVE will then contact the courier and provide the Buyer with the details of the collection.

- appoint a shipping agent other than the one indicated by DEPARTMENT FIVE. In this case, the Buyer will directly bear the related shipping costs. The shipping address is:

CATRIA PACKAGING Spa

Via 25 Aprile, 7

61037 MAROTTA DI MONDOLFO (PU)

12.5. It is understood that in order to exercise the aforementioned right of withdrawal the following conditions are necessary:

• the Product must not have been used, washed, altered or damaged in any way;
• the identification tag must still be attached to the Product, intact and undamaged, with the disposable seal which forms an integral part of the Product itself;
• the Product must be returned in the original, intact packaging (except for the opening) in which it was delivered;
• In any case, the Product must be delivered to the carrier or to DEPARTMENT FIVE within 14 (fourteen) days from the date of receipt of the communication with which the Customer exercises the right of withdrawal.

12.6. Once the Product has been received and the necessary checks have been carried out, if the checks are concluded positively, DEPARTMENT FIVE will send confirmation of acceptance of the returned Products by email. The refund of the amount paid by the Buyer for the Products accepted for return by DEPARTMENT FIVE will take place as quickly as possible and, in any case, within 7 (seven) days from the date of receipt of the returned products at the DEPARTMENT FIVE warehouse. These refunds are made using the same means of payment used by the Buyer for the initial transaction.

If the above conditions for exercising the right of withdrawal are not met, DEPARTMENT FIVE will return the products to the Buyer at the latter's expense.

13. Communications

13.1 To receive assistance, submit complaints or request information, the Buyer can contact DEPARTMENT FIVE Customer Service, at the email address orders@department5.com or at the contact details indicated in the "Contacts" section of the Site.

14. Protection of personal data

14.1 DEPARTMENT FIVE undertakes to respect the confidentiality of the personal data collected at the time of registration on the Site and/or provided at the time of purchase by the Buyer, and to process them in compliance with the provisions of Legislative Decree 196/03.

14.2 In this regard, please refer to the detailed information outlined in the "Privacy Policy and Cookies" section.

15. Applicable law and dispute resolution:

15.1 These General Conditions of Sale are governed by Italian law and must therefore be interpreted and applied accordingly.

15.2 For any dispute relating to this contract, the Court of Pesaro will have exclusive jurisdiction. For anything not covered by this contract, the current regulations on the matter are hereby referred to.