GENERAL CONDITIONS OF SALE CME KART OF PRODUCTS FROM WWW.CMEKART.COM

1. Validity and Scope 

1.1 These General Terms and Conditions of Sale (hereinafter also only GCS) regulate the sale of Products through the website www.cmekart.com (hereinafter also only The Website) by CME KART SRL CME KART SRL, Via Federico Garofoli, 288/B - 36057 San Giovanni Lupatoto (VR) - VAT No.: 04884530231 mail: info@cmekart.com (hereinafter also only CME KART). 

1.2 To the extent compatible, these GTC shall also govern any sales concluded between the customer and CME KART as a result of an exchange of e-mails or equivalent individual communications. 

1.3 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent by the Customer and are available in Italian and English, but in case of doubt the Italian version shall prevail. 

1.4 CME KART reserves the right to amend the General Terms and Conditions of Sale at any time, and the amendments and/or new conditions will be in force from the moment they are published on the Site in the "General Terms and Conditions of Sale" section, indicating the version and date of update. 

2. Principles and general premises 

2.1 The presentation of products on the site constitutes an invitation to offer, and the placing of an order must therefore be regarded as a contractual purchase proposal addressed by the customer to CME KART, which the latter is also free not to accept. 

2.2 The offer, acceptance and therefore the sale of the Products through the Site constitute a distance contract governed by the legislative decree 9 April 2003, n. 70, containing the rules on electronic commerce and, for Customers who are consumers, by articles 45 and following of the legislative decree 6 September 2005, n. 206 and subsequent amendments ("Consumer Code"). 

2.3 Before placing an order for a Product, you must read, examine carefully and understand these GTC, which are made available and downloadable from the Site, and by placing an order, the GTC shall be deemed to have been read and accepted. 

2.4 The language available to Users for the conclusion of the contract is Italian and English. 

2.5 For all matters not expressly governed by these GTC, the applicable statutory provisions shall apply. 

3. Purchases via the Site 

3.1 The purchase of Products through the Site is allowed both to Customers who are consumers pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, and to Customers who are not consumers, provided that they are at least 18 years old and in order to verify the existence of the minimum age required by law, CME KART reserves the right to request the fiscal code or other identification document. 

3.2. All the provisions of these GTC as well as any other information and policies on the Site apply to purchases made by the Customer, unless expressly derogated from. 

3.3 The Customer warrants that the personal information provided during the Order formulation and/or registration procedure on the Website is complete and truthful and undertakes to hold CME KART harmless and indemnified against any claim, damage, indemnity obligation and/or penalty arising from or in any way connected to the 2 

violation by the Customer of the rules on the placing of Orders, registration on the Site or storage of registration credentials. 

3.4 CME KART reserves the right to refuse or cancel orders from (i) a Customer with whom it has an ongoing legal dispute; (ii) a Customer who has previously breached these GTC and/or the conditions and/or terms of the purchase agreement with CME KART (iii) a Customer who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card or other payment instruments; (iv) Customers who have provided false, incomplete or otherwise inaccurate identification data or who have failed to send CME KART the documents requested by CME KART in good time or who have sent invalid documents. 

4. The contract between CME KART and the Customer 

4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 on electronic commerce, CME KART informs you that: a) to conclude the contract for the purchase of one or more Products via the Site, the Customer must complete an order in electronic format and transmit it to CME KART, electronically, following the instructions that will appear from time to time on the Site; 

b) before proceeding to the transmission of the order, the Customer may identify and correct any data entry errors by following the instructions on the Site or modify the order; 

c) the Customer may modify the order by following the instructions that will appear on the Site, until it is indicated that the order can no longer be modified; 

d) after placing the final order, CME KARD shall notify the Customer of the receipt of the order with a summary of the applicable conditions, the characteristics of the Product, the price, and the means of payment chosen; 

e) Only when the order placed is followed by payment in the manner set out in art. 8 shall CME KART's obligation to dispatch the Product commence; 

f) the order shall be stored by CME KART for the time necessary for its execution and, in any case, within the terms of the law. 

4.2 If the customer contacts CME KART by telephone, electronic mail or an equivalent individual communication and the terms of the contract are dealt with between the parties in this individual manner, the contract shall only be concluded when the final written proposal of one party is followed by the written acceptance of the other party and, unless otherwise agreed, CME KART shall only be obliged to dispatch the product after receiving confirmation of payment in the manner set out in article 8 

5. Availability of Products 

5.1 The Products offered on the Site are those illustrated on the homepage of the Site and/or within its various web pages at the time the order is placed by the Customer. 

5.2 The availability of each Product is indicated on the Site. 

5.3 In all cases of unavailability, CME KART will notify the customer by e-mail. The Customer who is a consumer will, therefore, be entitled to terminate the contract immediately, notifying CME KART in writing. Alternatively, the Customer who is a consumer may accept an extension of the delivery terms, with CME KART indicating the new delivery term for the Product. The Customer shall promptly notify CME KART of his choice when he is contacted 

5.4 In the event that the Customer as consumer avails himself of the right of termination and the payment of the price has already been made, CME KART shall make the refund. 

6. Product Information 3 

6.1 The images and descriptions on the Site reproduce the Products as faithfully as possible. However, the colours, dimensions and other characteristics of the Products may differ from the real ones due to the settings of the computer systems or computers used by the Users to view them. Such images must, therefore, be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order confirmation shall prevail. 

7. Prices 

7.1 The prices of the Products are expressed in Euro and are net of Value Added Tax and, where applicable, the WEEE contribution. 

7.2 CME KART reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price payable by the Customer shall be the price indicated at the time the order is placed. 

7.3 In the event that a Product is offered at a discounted price, (i) the full reference price against which the discount is calculated, (ii) the percentage discount applied and (iii) the discounted price obtained shall be indicated. 

8. Payment and Invoicing 

8.1 Payment for Products purchased on the Site may be made by bank transfer, credit card, PayPal or cash on delivery. 

8.1.1 In the case of payment by transfer, the Customer must make the payment in favour of CME KART using the following bank details: BANCO BPM - IBAN IT55T05034597700000006008 - BIC\Swift: BAPPIT21078. Only after CME KART has received from its bank confirmation of the crediting will it ship the Product. In the event that CME KART does not receive confirmation of the crediting within 10 days from the forwarding of the order, the contract will be considered rescinded in accordance with art. 1456 c.c. 

8.1.2 In the case of payment by credit card, CME KART will request the issuing bank to pre-authorise the payment of the amount due and CME KART will only dispatch the product once it has received confirmation that the payment has been successful. In the event that the pre-authorisation is not successful, CME KART will not carry out the shipment and will send an e-mail to the Customer, informing him that the request for authorisation on the credit card has not been successful and inviting him to check the card details and to change them if they are incorrect. If within 10 days of receipt of the e-mail the Customer does not carry out the aforementioned operation, or if the new pre-authorisation is not successful, the contract shall be considered terminated pursuant to Article 1456 of the Italian Civil Code. 

8.1.3 In the case of payment by PayPal the Customer will be redirected to the www.paypal.it site where he/she will authorise PayPal to proceed with the payment at the request of CME KART, according to the procedure laid down and regulated by PayPal and the terms and conditions agreed between the Customer and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with CME KART. CME KART is therefore unable to know and does not store in any way the data of the credit card linked to the Customer's PayPal account or the data of any other payment instrument connected to that account. In the event that the debit is not successful, CME KART will not carry out the shipment and will send an e-mail to the Customer, inviting him/her to pay the Price within 10 days of receipt of the e-mail, with the warning that, in the event of non-payment within the term indicated, the contract will be considered terminated in accordance with art. 1456 c.c. 

8.2 The invoice shall be transmitted to the Customer in XML format through the Sistema di Interscambio (SDI) of the Agenzia delle Entrate (Italian Revenue Agency) if the Customer selects the profile "Companies and professionals with VAT registration number" and fills in the data therein. Alternatively, if the Customer selects the profile "Private individuals and non 4 

holders of a VAT number", will be delivered to the Customer by making it available in the reserved area of the Agenzia delle Entrate website. If the transmission is unsuccessful, CME KART will send the Customer a communication, pointing out the defect and informing him that the document is available on the website of the Inland Revenue. In any case, CME KART will send the Customer a copy of the invoice in PDF format that is not valid for tax purposes to the e-mail address provided during the purchase process by the Guest Customer, if requested. During the purchase process, the Customer who wishes to receive the invoice will therefore be asked to provide the invoicing data. For the issuance of the invoice, the information provided by the Customer, which he declares and guarantees to be true, will be used, releasing CME KART any further indemnity in this regard. 

9. Delivery of Products 

9.1 The Products shall be shipped to the Customer only after payment has been made and their delivery shall take place in Italy and in the other countries indicated on the Site to the address indicated in the order. 

9.2 Upon dispatch, confirmation of delivery to the carrier shall be sent to the Customer by e-mail 

9.3 Any customs or import fees charged when the Product reaches its country of destination are to be borne by the recipient as they are not known to CME KART at the time the order is placed and may vary considerably from country to country so CME KART advises the Customer to contact the customs authorities of the country of destination. 

9.4 Delivery is at street level and will be made only on working days. 

9.5 The Customer acknowledges that the collection of the Product is his precise obligation under the purchase contract. In the event of non-delivery due to the absence of the addressee at the address specified in the order, the courier shall leave a notice and may make a second delivery attempt. In the event that the second attempt is also unsuccessful, the package shall be deposited 'in storage' with the courier. The Customer is obliged to collect the Product within 7 calendar days from the delivery notice, or within a different term indicated by the courier. Once the days of storage have elapsed, the Product shall be returned to the warehouse of CME KART, which shall inform the Customer by e-mail, asking the latter whether, having failed the first attempt at dispatch and having completed the storage period, he intends to request a new attempt at dispatch, bearing the relative costs. 

9.6 The delivery terms are those indicated on the website and run from the date of payment. In the event of failure to indicate the delivery period, the delivery period for the consumer shall, in any case, be 30 days from the date of conclusion of the contract. 

9.7 It is the responsibility of the Customer to check the condition of the Product delivered to it immediately after delivery. The risk of loss of or damage to the Products, due to causes not attributable to CME KART, is transferred to the Customer when he/she materially takes possession of the Products, with the exception of partial loss or damage not recognisable at the time of delivery, provided that - in the latter case - the damage is reported as soon as it is known and no later than 8 days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the Customer is also recommended to accept the delivery of the Product by the courier with reserve and to notify CME KART immediately. 

9.9 In the event that the purchased Product is not delivered or is delivered later than the delivery time indicated during the purchase procedure and in the order confirmation, the Customer as a consumer, pursuant to art. 61, para. 3 of the Consumer Code, shall invite CME KART to make the delivery within an additional period appropriate to the circumstances. If this deadline expires without the products having been delivered to him, the customer is entitled to terminate the contract. A customer who is a consumer is not burdened with the obligation to grant CME KART the additional period and is entitled to terminate the contract immediately if: a) CME KART has expressly refused to deliver the 5 

Products; b) observance of the delivery period indicated during the purchase process and in the order confirmation shall be considered essential, taking into account all the circumstances surrounding the conclusion of the contract. 

10. Right of Withdrawal 

10.1 A customer who is a consumer has the right to withdraw from the product purchase contract without having to provide any reasons and without having to bear any costs other than those stipulated in clauses 10.4 and 10.6 below, within the period of 14 calendar days and after notifying CME KART of the intention to withdraw. 

10.2 To exercise the right of withdrawal, you may use the Withdrawal Form where made available through the Site. 

10.3 In the event of withdrawal, the Customer is requested to include the following information in the communication: order number, the Product for which he intends to exercise withdrawal and his address. 

10.4 The Customer shall return the Product to CME KART at its own expense and using a carrier of its choice, without undue delay and in any case within the term of 14 days from the notice of withdrawal. The Product, suitably packaged, must be sent to the following address: CME KART SRL CME KART SRL, Via Federico Garofoli, 288/B - 36057 San Giovanni Lupatoto (VR). The direct costs of returning the Products to CME KART shall be borne by the Customer. 

10.5 CME KART will proceed with the reimbursement of the price paid, including delivery costs, without undue delay and in any case no later than 10 days from the day it has received notice of the Customer's decision to withdraw. The refund shall be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. In the case of payment by cash on delivery, the refund amount shall be made by bank transfer and the value date shall be 10 business days after receipt of the bank details by the Customer. The refund may be suspended until receipt of the Products or until the Customer proves that he has returned the Products, whichever is earlier. 

10.6 The Customer shall be liable for any decrease in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product shall be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, complete with all accessories and illustrative sheets, with the labels - where present - still attached, as well as perfectly suitable for the use for which it is intended and without signs of wear or dirt. Otherwise, the refund shall be reduced by an amount equal to the decrease in value resulting from the incorrect handling of the Product. CME KART, within 5 working days of receipt of the Product, shall inform the Customer of this circumstance and of the consequent reduction in the amount reimbursed, indicating to the Customer, if the reimbursement has already been paid, the bank details for payment of the amount owed by the Customer due to the reduction in value of the Product. 

10.7 The right of withdrawal is excluded for all the cases referred to in Article 59 of the Consumer Code and, in particular, the following categories of Products: custom-made or customised products; sealed products that cannot be returned for hygienic or health protection reasons that have been opened after delivery; products that are liable to deteriorate or expire rapidly; sealed audio or video recordings (e.g., a DVD or CD). The delivery of audio or video recordings from which the SIAE stamp has been removed shall be deemed opened. 

11.Conformity and Defects 6 

11.1 CME KART guarantees the conformity of the Products for 24 months after delivery to end consumers and for 12 months to persons who are not end consumers. 

11.2 In the event of conformity defects, the end-consumer Customer shall notify CME KART in writing within two months of the appearance of the defect, and the non-consumer Customer shall notify CME KART within eight days, in both cases enclosing a copy of the purchase invoice or quoting the purchase invoice. 

11.3 Excluded from the Guarantee are parts subject to wear and tear as well as all defects/damage caused by handling and transport, use, maintenance, repair of the machine by unauthorised personnel and failure to observe the instructions in any manuals accompanying the Product. 

11.4 Following the communication of the conformity defect, the Customer may receive a request for photographic documentation of the Product for an initial assessment. 

11.5 If it is necessary to take a direct look at the Product, the Customer shall receive a return authorisation code that he must affix on the package and shall send the defective item to CME KART SRL - Via Federico Garofoli, 288/b - 37057 San Giovanni Lupatoto (VERONA - ITALY), using suitable packaging to protect the contents, sealing all openings with adhesive tape. 

11.6 Once the package has been received, CME KART shall initiate the procedure for checking the contested defect, and at the end of this procedure, if a conformity defect has indeed been found, the customer shall receive the duly repaired item free of charge, or a replacement with a new one if available, or a refund of the price paid. 

12. Communications or complaints 

12.1 You may request information, send notices, request assistance or make complaints by contacting CME KART in the following ways: 

- by e-mail at info@cmekart.com and by telephone at 3407606920 operating from Monday to Friday from 8.30 a.m. to 6 p.m; 

- by post, writing to CME KART SRL CME KART SRL, Via Federico Garofoli, 288/B - 36057 San Giovanni Lupatoto (VR) 

12.2 CME KART shall respond to complaints within 7 working days after receipt thereof. 

13. Limitation of Liability 

13.1 Without prejudice to what is otherwise provided for in accordance with the regulations in force, CME KART shall in no case be held liable for the Products and for failures, inefficiencies and/or delays related to causes not attributable to CME KART and/or due to circumstances beyond CME KART's control and/or force majeure such as by way of example but not limited to, pandemics, natural disasters, adverse weather conditions, fires, floods, earthquakes, strikes, sabotage, malfunctions and/or breakdowns and/or interruptions and/or defects of any other kind in telephone lines, electricity and communication networks. 

13.2 The Customer acknowledges and accepts that, in any event, CME KART's liability shall not exceed the sums paid by the Customer to CME KART for the purchase of the Product. This is without prejudice to what is otherwise provided for under the regulations currently in force. 7 

14. Law and Jurisdiction. 

14.1 The contract for the purchase of Products concluded through the Site is governed by Italian law and subject to Italian jurisdiction. 

14.2 For any dispute that may arise between the parties concerning the validity, interpretation or execution of the purchase contract and the GTCs, except as provided for in the following points and, in any case, if the Customer cannot qualify as a consumer, the Court of Verona shall have exclusive jurisdiction. 

14.3 In the event that the Customer is a consumer, the court of the place where the Customer resides or has elected domicile shall have jurisdiction for all disputes relating to the application, execution and interpretation of these General Terms and Conditions of Sale. This is without prejudice to the application to consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they habitually reside, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity. 1 

Pursuant to Articles 1341, c. 2 and 1342 of the Civil Code, the Customer declares that he/she has read and specifically accepts the following articles of these General Terms and Conditions of Sale: 1.4 (right to amend the GTC), 3.3 (indemnity), 3.4 (refusal and/or cancellation of orders), 7.2 (amendment of the price of the Products), 8.(termination of the contract in the event of non-payment), 9.5 (repeat delivery and related costs), 10 (right of withdrawal), 11 (conformity and defects) 13 (limitation of liability), 14 (law and competent court);