TERMS AND CONDITIONS OF USE

1. SUMMARY

These terms and conditions of use concern access to and use of the website www.rougj.com and any connected subdomains (hereinafter, the “Site”), as well as the purchase of products offered by the company ROUGJ GROUP S.r.l through the Site.

This page must be carefully reviewed by the User – as defined below – while browsing this Site as well as before completing the remote purchase procedure of any product. Therefore, the purchase of products offered by ROUGJ GROUP S.r.l implies full knowledge and consequent acceptance of these terms and conditions of use, which constitute an integral part of every sales contract (hereinafter “Terms of Use” and/or “Terms” and/or “Terms of Service”).

Any new feature, element, or tool added to the Site will be subject to these Terms of Use. The most recent and updated version of the Terms of Use will always be available at any time in the dedicated section of the Site.

We reserve the right to update, change, or replace, in compliance with current regulations, any part of these Terms of Use. Any changes will take effect from the date of their publication on this page. Accordingly, the purchase of products/services following the publication of any changes constitutes full acceptance of the same.

2. DEFINITIONS

To allow a complete understanding and acceptance of these Terms of Use, the following terms, in singular and plural, shall have the meaning indicated below:

• Owner and/or ROUGJ: ROUGJ GROUP S.r.l, with registered office in Milan, Via Bixio 7, MI - 20129, Tax Code/VAT No. 03644841201, registered with the Milan Monza Brianza Lodi Chamber of Commerce, REA number MI-2689389 (throughout the Site, the terms "we", "us" and "our" refer to ROUGJ GROUP);
• Site: the e-commerce website rougj.com that allows the sale of products;
• Products: the cosmetic products and beauty accessories offered by the Owner and purchasable by users through the Site;
• Services: the services provided through the Site by ROUGJ;
• User: the adult natural person who concludes a contract for purposes unrelated to their entrepreneurial, commercial, artisanal or professional activity, as defined by art. 3 of Legislative Decree no. 206 of September 6, 2005 (so-called “Consumer Code”);
• Contents: any textual or multimedia element present on the Site - for example announcements, listings, reviews, images, design, graphics, sounds, music, videos, etc. - including trademarks, logos, intangible assets and/or industrial property rights owned by ROUGJ;
• Terms of Sale: general conditions governing the methods and terms through which ROUGJ markets the Products through the Site and that regulate the purchase of the Products themselves via telematic methods.
• Shopify inc.: Shopify International Limited, an Ireland corporation with offices at 2nd Floor, Victoria Buildings 1-2, Haddington Road, Dublin 4, D04 XN32, Ireland;

3. TERMS OF SALE

3.1 Premises

These Terms of Sale are drafted and prepared in compliance with the legal provisions on electronic commerce, and in particular with Legislative Decree April 9, 2003, no. 70. With reference to contracts concluded with consumer Users, they will benefit from the protections provided in case of distance contracts pursuant to Part III, Title III, Chapter I, Section II, of Legislative Decree September 6, 2005, no. 206 (Consumer Code), as well as all other mandatory guarantees provided in favor of consumers by the Consumer Code and any other applicable law. These Terms of Sale have a general scope; they constitute an integral and essential part of the purchase contract of any Product and submitting a purchase order implies the User's full reading and acceptance.

Purchases by natural persons are only allowed if the Users are of legal age. For minors, any purchase and/or request for Product supply through the Site must be reviewed and authorized by parents or legal guardians. Therefore, by accepting these Terms of Sale, the User declares to be of legal age in their State or province of residence and/or to have given consent to allow any minor under their parental responsibility to use this Site.

All Products and/or Services offered through the Site are described in detail on the respective pages within the Site. The User is asked to carefully read the description of each Product and, at the time of purchase, check any acknowledgment checkboxes on the matter. Some errors, inaccuracies, or slight differences between what is published on the Site and the actual Product may occur. Furthermore, any images of the Products are only representative and do not constitute a contractual element.

The online e-commerce platform of the Site that allows us to view our Products was created by Shopify inc.

3.2 How to purchase Products on the Site

Before proceeding with the purchase of the Products, the User must fill out the personal data form during the registration process on the Site, providing the data necessary for order fulfillment and Product shipment (name, surname, e-mail, and psw) as well as declaring that they have read and fully accept the Terms and Conditions and have reviewed the Privacy Policy. Registration is free and will only be required at the time of the first purchase.

The Products subject to these Terms of Sale are described, pursuant to art. 6 D.Lgs. no. 206/2005, on the Site. The presentation of the Products on the Site is addressed to Users so that they may make a purchase proposal to the Owner; this presentation does not constitute a binding public offer pursuant to art. 1336 c.c., and the Owner retains full discretion regarding the acceptance of the proposals made.

To proceed with the purchase, the User may select one or more Products by adding them to a virtual "cart" (by clicking on the "add to cart" icon), whose contents can always be viewed in the appropriate section, with a specific indication of the total price and quantity, before submitting the purchase order. The total indicated represents the total cost of the products added to the "cart", VAT included, excluding shipping costs.

At any time before submitting the order, the User may, by returning to the "cart", exclude previously selected Products by clicking on the "x" next to them or add more.

Once the Products they intend to purchase have been selected and added to the cart, the User can proceed with the purchase by following the instructions provided and filling in the mandatory fields.

Once this phase is completed, the User can choose the payment method from those indicated.

If the billing address is different from the shipping address, the flag must be removed from “The shipping and billing addresses are the same” and the delivery details must be entered.

To proceed with the order, the User is required to declare, by ticking the box “I have read and accepted the terms and conditions of the website,” their acceptance of the general sales conditions which are automatically displayed through a dedicated window.

By clicking the “Pay now” button at the end of the initiated checkout procedure, the User will proceed with submitting the order. Every order submitted in this way shall be considered, for all purposes, as a contractual proposal by the User. Submitting the order implies the assumption of the payment obligation.

Upon submission of the order by the User, an e-mail (sent to the e-mail account indicated by the User) will follow in which the Owner communicates the receipt of the purchase proposal. This e-mail, which contains the summary of the order placed, constitutes acceptance of the contractual proposal.

The contract shall be considered concluded - and therefore the order accepted - at the moment the User is notified of the acceptance of their purchase proposal by the Owner and thus upon receipt of the order confirmation and acceptance e-mail.

The Owner shall have the right to accept or reject the orders received without the User being able to claim any rights or demands in case of non-acceptance, except in the case of concurrent payment, the refund of the amounts.

In case of non-concurrent payment, if the payment for the Products is not made within the specified term (5 working days from the order submission), the sales contract shall be considered terminated and without effect.

The Owner reserves the right to refuse orders coming from: (i) a User with whom it has or has had a legal dispute; (ii) a User who has been involved in any type of fraud, particularly fraud related to credit card payments; (iii) a User who has provided identification data that prove to be false, incomplete, or otherwise inaccurate; (iv) Users on the Black List.

3.3 Price and shipping costs

The prices of the Products published in the different sections of the site include VAT and any applicable taxes, duties, and charges in the destination country of the Products, if different from Italy, which will be borne by the User.

All prices, shipping costs, and any additional charges, where provided, are indicated on the Site or in the purchase procedure and clearly specified in the summary sheet “Order Summary”, as well as in the subsequent order receipt and acceptance confirmation email.

The Owner reserves the right to modify the prices of the Products listed on the Site at any time; however, any price changes will not be effective towards Users who have already submitted an order.

In the case of exercising the right of withdrawal by the User, the shipping costs already incurred by the User are excluded from the refund.

3.4 Payment Methods

For each order, the User will pay in full the price of the ordered Products - detailed with distinction between price, VAT, and shipping or accessory costs - choosing the payment method within the purchase procedure and more precisely in the “Your Order” section. It is understood that, in case of non-acceptance of the order by the Owner, the latter will promptly refund the amounts already possibly paid by the Users.

Payment can be made through:

• through accepted credit cards (Visa, MasterCard, Maestro, AMEX) via the Shopify Payments system. It is specified that we are not able to know the information related to the User's credit card data, which are managed directly by Shopify that administers the payment. For this reason, we will not have access to such data, nor will we store it. For more information about the service, consult the site: https://it.shopify.com/legal/terms-payments-it
• through the protected “Paypal” system. Paypal is another absolutely secure online payment method that will allow you to make the payment of the order by accessing your account directly. The data related to your account and credit card will be managed directly by Paypal, which will simply provide us with an email notification after the payment has been made. Even in this case, we will not have access to such data, nor will we store it. For more information about the service: https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
• through the “Satispay” app. Satispay is a payment method via app that will allow you to make the payment of the order by accessing your account directly. The data related to your account and credit card will be managed directly by Satispay, which will simply provide us with an email notification after the payment has been made. Even in this case, we will not have access to such data, nor will we store it. For more information about the service: https://www.satispay.com/it-it

The User will be required to indicate, exclusively among those proposed, the payment method they intend to use. Any refund to the User (including in case of non-fulfillment of the order due to unavailability, even temporary, of the requested Product) will be credited using the same payment method used by the User for payment, unless otherwise expressly agreed with the User and provided that the User does not incur any cost as a result of the refund.

3.5 Delivery times and methods of the Products

The Owner will deliver the selected and ordered Products using the shipping methods chosen in the purchase order, to the address indicated by the User.

The Products will be delivered no later than thirty days from the date of contract conclusion, unless otherwise agreed by the parties in the order confirmation and acceptance email.

Delivery is subject to the User's payment of the price of the Products and the Services related to shipping.

At the time of delivery of the Products, the User must check that the product packaging is intact, undamaged, and unaltered. Once the courier's transport document is signed, the User can no longer raise any objections regarding the quantity and packaging of what was received. The User may sign the transport document "with reservation" if the package is damaged or if there is a discrepancy between the number of packages indicated in the waybill and those delivered, and must keep a copy of the transport document.

If the delivered goods show any damage presumably caused by transport, the User may refuse delivery and immediately notify the Owner, who will make the necessary claims to the carrier and arrange a new shipment once the contested goods are returned. ROUGJ GROUP S.r.l. currently delivers in Italy and in the countries of the European Union, excluding Malta and Cyprus.

For more information about the courier used for shipments, please contact the Owner at the address rougj@rougj.com

3.6 Rates, Shipping Times and Delays

The shipping cost may vary depending on the destination country, as well as if the weight of the items exceeds a certain threshold. Shipping within Italy is free for orders equal to or greater than Euro 49.00, (forty-nine/00) while shipping to other European Union countries is free for orders equal to or greater than Euro 59.00 (fifty-nine/00). Any questions regarding Rates and shipping times can be sent by the User to the following address: roug@rougj.com

Shipping costs	Free shipping threshold	Included countries
6 €	49 €	Italy
12 €	59 €	Germany, France, Croatia, Hungary, Netherlands, Austria, Slovenia
14 €	59 €	Belgium, Bulgaria, Czech Republic, Spain, Luxembourg, Poland
16 €	59 €	Denmark, Greece, Portugal, Romania, Slovakia
22 €	79 €	Estonia, Latvia, Lithuania, Finland, Sweden, Ireland

Orders are normally processed and handed over to the courier on the working day following the sending of the order confirmation by the Owner. Saturdays and Sundays or holidays will not be considered working days, so orders sent on these two days will be considered sent on the next working day.

Delivery times to the User start from the moment the email confirming the shipment of the products to the User by the Owner is sent.

If delivery has not yet been made after the working days indicated above from the order confirmation, the User must inform the Owner at the address rougj@rougj.com. A complaint will be opened with the courier in order to find out the reason for the delay. Delivery estimates are indicative and may vary.

The Owner undertakes to do everything within their power to ensure that the products are delivered by the selected couriers within a maximum of 10 (ten) working days from delivery to the carrier if the shipment is made to the Italian territory. Shipping times for orders abroad may be longer.

→ (Delays)

In case of a delivery delay exceeding 14 (fourteen) working days, the User will have the option to cancel their order by sending an email to rougj@rougj.com.

Only if the delivery delay beyond 14 days is solely attributable to the Owner, the User shall be entitled, in addition to the cancellation of the order as provided above, to a refund of any shipping costs incurred, provided that the entire order is returned by the User to the Owner. The refund of expenses will be made in the forms indicated in the following section 3.9 ("Refund following correctly executed withdrawal"), within 14 (fourteen) working days from the date of receipt of the Product by the Owner.

If the delay is not attributable to the Owner or the carrier, the User shall not be entitled to either a refund of the amounts paid or a new shipment of the ordered Products.

If the order is not returned in its entirety and completeness, the User shall not be entitled to either a refund of the amounts paid or a new shipment of the ordered Products.

The Owner will not be responsible for failure or delayed delivery due to force majeure causes, such as – by way of example – strikes, Public Authority measures, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, water damage, and damage to industrial machinery. If the force majeure cause persists for a period exceeding 30 (thirty) days, each party shall have the right to withdraw from the contract. In case of withdrawal, the User shall not be entitled to any compensation or indemnity of any kind, without prejudice to the right to the refund of any amount already paid as the price for the Product.

The Owner will not be responsible for the extension of delivery times due to the carrier, especially in cases of loss of Products, bad weather, or strike.

3.7 Shipping error of the Product by the Owner

If a shipping error occurs on the part of the Owner and the User receives a Product different from the one ordered, the User may contact the Owner who will take care at their own expense to collect the Product or in any case provide the necessary instructions for its return and will send the correct one, without charging additional shipping costs.

In case of shipping error, it is possible to request an exchange or refund within 14 days from the date of receipt of the Product.

The User may request a free exchange with the desired Product or another of equal value.

The User must make a written request by e-mail to the address rougj@rougj.com prepare the Product to be returned with an intact and well-packed package and indicate to us the place of collection of the Products to be returned.

If the User chooses the refund, it will be made within and no later than 14 days from the receipt of the Product.

3.8 Limitations of liability

The Owner cannot be held responsible towards Users for service disruptions or malfunctions related to the use of the internet network beyond their control.

In the case of a contract concluded with a consumer User, the risk of loss or damage to the Products, for reasons not attributable to the Owner, transfers to the consumer only at the moment when the latter physically takes possession of the Products.

3.9 Right of withdrawal

→ (Terms within which to exercise the withdrawal)

The User, in compliance with the provisions of the Consumer Code pursuant to art. 59, has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, returning the purchased item in its original packaging, without tampering with any warranty seal and without opening and/or damaging the same external packaging.

The Products subject to return must be returned to the Holder intact, in their original packaging, with instructions for use, any accessories and/or gadgets and anything else supplied with them. The Holder cannot accept the return of Products that do not have the aforementioned characteristics. For this purpose, the exclusion causes indicated below are recalled.

The User who wishes to exercise the right of withdrawal can communicate their intention to the Holder by sending a written communication to the email address rougj@rougj.com or by registered mail with return receipt to the following address Via Diaz 10, Cap 34124 TS – Rougj Group using: (i) the optional withdrawal form [**] referred to in the following section or (ii) any other written statement.

In case of withdrawal communication by email, the Holder will promptly send the User a confirmation of receipt of the exercised withdrawal.

In any case, the User's communication must contain: a) the Order number in question and details regarding the order sending date and its receipt; b) First and Last Name and recipient's address; c) email associated with the account from which the Order was placed.

In the case of separate delivery of multiple Products ordered by the User with a single order, the 14-day period for exercising the right of withdrawal starts from the day the last Product was received.

→ (Obligation and methods of returning Products in case of exercising the right of withdrawal)

In case of withdrawal, the User must return the Product to the Holder without undue delay and in any case no later than 14 days from the date on which they communicated their decision to withdraw from the contract.

Specifically, the User must send to the following address: ROUGJ GROUP, based in Trieste, via Diaz 10, 34124- TS, the intact Products, in their original packaging, in perfect resale condition (not damaged, harmed or soiled), unopened or unused, and without obvious signs of use (i.e. they must not bear any trace of any type of use in their original packaging), complete with accessories and any manuals, without any missing parts.

→ (Exclusions of the right of withdrawal)

Please note that the Holder cannot accept the return of Products in the cases listed below as, pursuant to art. 59 of the Consumer Code, the right of withdrawal does not apply:

• sealed goods that cannot be returned for hygienic reasons (for example opened cosmetics and other products that come into contact with the skin) or are related to health protection and have been opened after delivery;
• damaged or used products, even partially;
• in the absence of the original packaging;
• in the absence of integral elements of the product (accessories, instruction manuals, etc.);
• to goods made to measure or clearly personalized,
• to Products which, by their nature, are not suitable to be sent back or are subject to the risk of rapid deterioration or alteration, such as, by way of example only, already opened cosmetic products.

In the event that the Holder verifies that the Product returned by the User following withdrawal falls under one of the above-described cases, the Holder will return the specified Product to the User, charging them all shipping costs.

In any case, the User is responsible for the reduction in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Products.

→ (Refund following correctly executed withdrawal)

The Holder, having verified the occurrence of the conditions and assumptions described in the previous paragraphs of section 3.9 necessary to correctly exercise the right of withdrawal, will refund the payments received from the User, using the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the Consumer User communicated their intention to withdraw from the contract.

The User will bear only the direct cost of returning the Product, unless the Holder has declared to bear it.

The Holder is not required to refund delivery costs.

The Holder, unless they have offered to collect the Product themselves, may withhold the refund until they have received the Product or until the User has demonstrated that they have sent it back.

If the methods, conditions, and terms for exercising the right of withdrawal, as specified in this section, are not respected, the User will not be entitled to a refund of amounts already paid. In such case, the User may recover, if requested, at their own expense, the Product in the condition in which it was returned to the Holder. In such case, shipping and transport costs are borne by the User.

→ Optional form to exercise the right of withdrawal [**]

As better specified in paragraph 3.9, section “Terms within which to exercise the withdrawal”, Users have the right to withdraw within the terms and under the conditions specified above by sending a written communication to the e-mail address rougj@rougj.com or by registered mail with return receipt to the following address ROUGJ GORUP S.r.l, with registered office in Milan, Via Bixio 7, using the following optional form:

With the present, I communicate the withdrawal from contract of sale related to following Product _____________________________________________ Order number:          Ordered on:         Received on: ______ First Name e Last Name:         Address:       E-mail associata all’account da cui è stato effettuato l’ordine: ______________________________________ Date:

3.10 Product conformity warranty

The purchases made by Users are subject to the legal warranty provisions referred to in this paragraph, including, if applicable, the provisions of the Consumer Code.

The Holder is obliged to deliver the Products in compliance with the sales contract according to the parameters set forth in art. 129 paragraph 2 Consumer Code.

Products are presumed to conform to the contract if, where relevant, the following circumstances coexist: (i) they are suitable for the use for which goods of the same type are normally used; (ii) they conform to the description made by the Owner and possess the qualities of the good that the seller presented to the User as a sample or model; (iii) they have the usual quality and performance of a good of the same type that the User can reasonably expect, taking into account the nature of the Product and, if applicable, public statements about the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, particularly in advertising or labeling; (iv) they are also suitable for the particular use intended by the Consumer User and which was brought to the Owner's attention at the time of contract conclusion and which the Owner accepted, even by conclusive acts.

Therefore, any faults or malfunctions caused by accidental events or by the User's responsibility or by use of the Product not in accordance with its intended use and/or as provided in the attached technical documentation are excluded from the scope of the conformity warranty.

The conformity defect that appears within 24 months from the date of delivery of the Product must be reported by the consumer User within 2 months following the date of discovery of the defect to the following address: rougj@rougj.com. Any report of a conformity defect of the Product must be submitted together with proof of purchase of the Product from the Owner (tax document or payment receipt).

The action to assert defects not fraudulently concealed by the Owner, in any case, expires within 26 months from the delivery of the good.

Unless proven otherwise, it is presumed that conformity defects that appear within 12 months of delivery of the Product already existed at that date, unless such assumption is incompatible with the nature of the Product or the nature of the conformity defect. After 12 months, it will be up to the User to provide proof that the damage was not caused by use of the Product's conformity, without expenses.

The Consumer User can choose between repairing the Product or replacing it.

Such right of choice cannot be exercised if the requested remedy is objectively impossible or excessively burdensome. Furthermore, the User is entitled to an appropriate price reduction or contract termination only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not carried out the repair or replacement within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the User.

If the User intends to use the remedies provided by the conformity warranty, they must send a written communication to the address rougj@rougj.com. The Owner will promptly respond to the communication of the alleged conformity defect and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

4. USER CONDUCT RULES

Each User must use the Internet responsibly and with respect and courtesy towards the rights of other Internet users.

As such, by accessing the Site, the User agrees not to: (i) upload to the Site, publish, email, or otherwise transmit any illegal, harmful, threatening, abusive, harassing, unlawful, defamatory, vulgar, obscene, immoral, invasive of others' privacy including the right to image, disparaging or derogatory, racist or otherwise offensive content; (ii) upload to the Site, publish, email, or otherwise transmit unsolicited or unauthorized advertising or promotional material, "advertising material", "misleading information", "chain letters", or any other form of solicitation; (iii) upload to the Site, publish, email, or otherwise transmit material containing computer viruses or other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any software, hardware, or computer or telecommunications equipment; (iv) disrupt or interfere with the Site or servers or networks connected to the Site, or violate the requirements, procedures, rules, or regulations of networks connected to the Site; (v) attempt to damage the Service of any user, host, or network, including, without limitation, exposing the Site to viruses, saturating, flooding the server, saturating email messages, or forging any TCP/IP protocol packet header or any part of the information contained in any email; (vi) access data not intended for Internet Users or enter a server/account to which the Internet User is not authorized to access; (vii) attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without authorization; (viii) assume the identity of another person; (ix) engage in any activity or induce a third party to engage in any illegal activity or any other activity that may violate the rights of the Owner, its partners, distributors, suppliers, or any other Internet user; (x) transmit or transfer (by any means) information or software derived from the Site, especially to other countries or certain foreign citizens in violation of national or international laws or regulations.

Recognizing the global nature of the Internet, each User agrees to comply with all local and international rules and procedures related to online behavior and acceptable content, and in particular all applicable laws regarding the transmission of technical data.

At any time and for any reason, the Owner may use any means to interrupt, without notice, the use of the Site or any of our Services for any conduct that violates these Terms of Use, without prejudice to any damages and interests the Owner reserves the right to claim from the User in case of non-compliance with the terms and conditions of use of the Site.

The User must not interfere with or disrupt the functionality of the Site. It is the User's responsibility to take all appropriate measures regarding the equipment used to protect it from possible contamination by computer viruses or intrusion attempts. Equipment means, in particular but not limited to: personal computers, PDAs, Internet access, software programs, and data, etc.

5. INDEMNIFICATION

The User agrees to indemnify, defend, and hold harmless the Owner as well as any affiliated companies, our subsidiaries, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the User's violation of these Terms of Use or the User's violation of any law or the rights of a third party.

6. RIGHTS ON CONTENT

The Owner holds all intellectual and industrial property rights present on this Site as well as the Content. The use of this Site and its Content does not grant the User any rights related to copyrights, designs, trademarks, and all other intellectual and material property rights mentioned, displayed, or related to the Content present on the Site. Any unauthorized reproduction, redistribution, or other use of the Content is prohibited and may result in civil and criminal penalties. The User may use the Content only with prior written and explicit authorization from the Owner. The Owner reserves the right to claim damages in case of counterfeiting and, more generally, in case of violation of intellectual property rights.

7. WARRANTY EXCLUSIONS

The Site is provided "as is" and "as available" and the Owner provides no express or implied warranties regarding the Site, nor does he guarantee that the Site will meet Users' needs or that it will never be interrupted or error-free or free of viruses or bugs.

The Owner will endeavor to ensure that the Site is available uninterrupted 24 hours a day, but cannot be held liable if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be temporarily suspended without notice in case of system failure, maintenance, repairs, or for reasons entirely beyond the Owner's control or due to force majeure events.

8. LINK TO THIRD-PARTY SITES

The Site may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Site. In these cases, the general conditions for the use of the site/application and for the enjoyment of the service prepared by the third parties shall apply to the individual services, for which the Owner assumes no responsibility.

9. LIMITATION OF LIABILITY

The Owner cannot be held liable towards the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet network beyond his own control or that of his suppliers.

The Owner shall also not be liable for damages, losses, and costs suffered by the User as a result of the non-performance of the contract for reasons not attributable to him, with the User only entitled to the possible full refund of the price paid and any ancillary charges incurred.

The Owner assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card numbers, cardholder name, password, etc.)

The Owner shall not be liable for:

• any loss of business opportunities and any other loss, including indirect loss, possibly suffered by the User that is not a direct consequence of the breach of contract by the Owner;
• incorrect or unsuitable use of the Site by Users or third parties;
• the issuance of incorrect tax documents or data due to errors related to data provided by the User, the latter being solely responsible for correct entry;
• for any loss of profits, incidental, consequential, punitive, special, or indirect damages arising from or related to the Site or these Conditions, even if informed of the possibility of such damages, regardless of whether the claim for such damages is based on contract, tort, strict liability, or otherwise. This limitation of liability includes, but is not limited to, any (i) transmission of any bugs, viruses, trojans, or the like that may infect the User's equipment, mechanical or electronic equipment failures; (ii) unauthorized access or unauthorized use of the Site or the Owner's secure servers and/or any personal and/or financial information stored therein; or (iii) theft, operator errors, strikes, or any force majeure.

Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. FORCE MAJEURE

The Owner cannot be held responsible for the failure or delay in fulfilling their obligations due to circumstances beyond the reasonable control of

Owner due to force majeure events or, in any case, due to unforeseen and unpredictable events and, in any case, independent of their will.

The fulfillment of obligations by the Owner shall be considered suspended for the period during which force majeure events occur.

The Owner will take any action within their power to find solutions that allow the proper fulfillment of their obligations despite the persistence of force majeure events.

11. ACCURACY, COMPLETENESS, AND UPDATING OF INFORMATION

The Owner is not responsible if the information made available on this Site is not accurate, complete, or up to date. The contents reported on this Site are provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, and more up-to-date sources of information. The User who relies on the contents reported on this Site does so at their own exclusive risk.

This Site may contain certain historical information that is not updated and is provided to the consumer only as a reference. The Owner reserves the right to modify the contents of this Site at any time but is under no obligation to update any information on our Site. The User accepts the responsibility to check for changes to our Site.

12. ERRORS, INACCURACIES, AND OMISSIONS

Our Site may sometimes contain information with typographical errors, inaccuracies, or omissions that may concern product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any omission, error, or inaccuracy at any time and without notice and to modify or update the information or cancel orders if any information on the site or any related website is inaccurate (even after the consumer has placed the order).

We are under no obligation to update, modify, or clarify the information on the Site or any related website, including, by way of example, price information, except as required by law. It is advisable that no update date reported on the Site or any related website be considered as an element indicating the modification or update of all information on the Site or any related website.

13. PRIVACY

The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be consulted at the following page https://www.rougj.com/it/informativa-sulla-privacy

14. APPLICABLE LAW AND COMPETENT COURT

The Conditions are subject to Italian law.

Any dispute relating to the application, execution, and interpretation of these Conditions shall be submitted to the court of the place where the User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the User's right to bring an action before a judge other than that of the “consumer's forum” pursuant to art. 66 bis of the Consumer Code, competent territorially according to one of the criteria set forth in articles 18, 19, and 20 of the civil procedure code.

The application to Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country where they have their habitual residence is without prejudice, particularly regarding the deadline for exercising the right of withdrawal, the deadline for returning Products in case of exercising such right, the methods and formalities of communicating the same, and the legal guarantee of conformity.

15. ONLINE DISPUTE RESOLUTION FOR USERS

If you are a User and have submitted a complaint regarding a contract concluded through this Site, but it has not been possible to resolve the dispute subject to the complaint, you will be provided with information regarding the Alternative Dispute Resolution body or bodies for out-of-court dispute resolution (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not we make use of such bodies to resolve the dispute itself.

In any case, we inform you that for the resolution of disputes arising from the correct application of contracts governed by the provisions of Sections I to IV of Chapter I of the Consumer Code, it is possible to resort to mediation procedures, pursuant to Legislative Decree 4 March 2010, no. 28.

The possibility of using the voluntary and bilateral negotiation procedures provided for in Article 2, paragraph 2, of the same Legislative Decree 4 March 2010, no. 28, is reserved.

Furthermore, we remind you that a European platform for online dispute resolution for consumers (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, you can consult the list of ADR bodies, find the link to each of their websites and start an online dispute resolution procedure in which you are involved.

In any case, whatever the outcome of the out-of-court dispute resolution procedure, your rights to refer to the ordinary judge are reserved, and, if the conditions apply, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

16. SAVINGS CLAUSE

If any provision of these Terms of Use is found to be illegal, void or unenforceable, that provision shall be applied to the maximum extent permitted by law while the unenforceable part shall be considered separate from these Terms of Use. This shall not affect the validity and enforceability of any remaining provisions.

17. ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguity in the interpretation of these Terms shall not be construed against the party who drafted them.

18. CONTACT INFORMATION

The owner of this Site is the company ROUGJ GROUP S.r.l, with registered office in Milan, via Nino Bixio 7, MI- 20129, Tax Code/VAT No. 03644841201, registered with the CCIAA of Milan, Monza Brianza, REA number 2689389, PEC address rougjgroup@legalmail.it

Any questions regarding the Terms of Service and/or the Conditions of Sale and/or the Products/Services offered on this Site may be sent by the User to the following address: rougj@rougj.com .