Terms and Conditions of Sale and Delivery

TERMS AND CONDITIONS OF SALE AND DELIVERY – May 2024

1. GENERAL

These general terms and conditions of sale govern the contractual relationship arising from acceptance by Flavors4you srl (hereinafter “F4Y”), manufacturer and distributor of the Blendfeel brand, with its registered office at Via Don Luigi Sturzo 21/23, Seveso (MB), Tax Code 12044560964, VAT No. IT12044560964, tax registration number MBPLI0010, certified email address flavors4you@legalmail.it, identification code 3ZJY534, of the customer’s proposal/purchase order. These terms and conditions supersede any other agreement reached between the parties, save as may be agreed in writing and with express reference to these general terms and conditions of sale; where such an agreement derogates from the content of these terms, it must be set out on F4Y’s letterhead and duly signed by a legal representative of the company. F4Y reserves the right, however, to amend these general terms and conditions of sale from time to time, at its sole discretion. The most up-to-date version will in any case be published on the website Blendfeel.com. The customer is therefore required, at the time of submitting the proposal or purchase order, to check and accept the text of the General Terms and Conditions of Sale in force, which will apply to the contract with F4Y in the event of a purchase. A ‘purchase’ is defined as the submission of an order via the procedure on the [Blendfeel.com.] website(https://blendfeel.com/shop/it/). All descriptions and illustrations contained in F4Y’s commercial documentation are intended solely to provide the customer with a general idea of the products or items and shall not form part of the contract between F4Y and the customer. The labels on the bottles indicate the quantity of liquid contained, expressed in ml. This quantity is to be understood as a nominal value; the actual quantity of liquid contained may vary slightly, either more or less, generally within 5.0%

All sales are final. Returns are not accepted except as expressly provided for in the paragraph concerning the right of withdrawal.

Liquid Inhalation Products (PLI) may be sold, inclusive of tax, exclusively to authorised retailers or to private individuals. Sales of LI to Tax Warehouses are made without the application of excise duty, and the Tax Warehouse becomes solely liable to the Italian State. No excise duty is applied to persons with tax residence in other countries.

Any charge imposed by the relevant authority in relation to the failure to declare and/or the incorrect declaration of the place of business and/or the indication of authorisation for such business shall be charged to the Customer.

2. PRICES

The prices shown on the website Blendfeel.com are inclusive of VAT, with the exception of prices shown for professionals, which are exclusive of statutory VAT. Prices for foreign customers within the EU will take account of VIES registration. Shipping costs (where applicable) are excluded from the prices. The VAT rate in force on the date of invoicing will be applied; excise duty and the related VAT, in accordance with current Italian legislation, will not be applied to sales to parties not resident for tax purposes in Italy.

The excise duty in force in Italy, applied to Liquid Inhalation Products (PLI), will be applied to customers who do not qualify as Tax Warehouses under Legislative Decree No. 168 of 15 December 2014. Tax Warehouses, subject to verification and proof of their compliance, may purchase goods without the excise duty being applied.

The prices shown in the price lists and on the website Blendfeel.com are subject to change. The prices shown on the Blendfeel.com website always take precedence over those shown in the price lists.

Where prices are not expressly stated, or in the case of supplies relating to items not included in the Catalogue, prices must be specifically agreed and confirmed in writing by F4Y prior to dispatch of the product.

3. PURCHASE ORDERS AND AMENDMENTS, WARRANTY SEALS

Purchase orders placed on Blendfeel.com may only be submitted by the customer via the website’s online system.

Once received, due to administrative issues relating to the processing of goods for tax warehousing, it will no longer be possible to amend them. Additions to an order will be treated in all respects as a new order; reductions will not be permitted, without prejudice to the right to return non-compliant goods, the costs of which shall be borne exclusively by the customer.

The packaging of products and their placement in the tax warehouse is carried out on a per-order basis. The return or cancellation of an order during the preparation stage for reasons attributable exclusively to the Customer entails, for F4Y, activities such as the destruction of packaging, the restocking of goods on the shelves, as well as the management of restocking at the tax warehouse level. These activities entail a total cost of €1.00 per bottle, which will be charged to the Customer.

4. DELIVERIES

In addition to the sale price of the products, the Customer shall pay F4Y a fee for handling the dispatch of the order; this fee is indicated on the website at the time the order is finalised. The Customer may request shipment insurance by specifying this in the order notes; following this request, F4Y will inform the Customer of the relevant cost.

All of the above applies unless a different delivery service is specifically requested by the Customer and agreed with F4Y. The Customer may, in fact, request to collect the goods using their own courier. All orders with payment confirmed by 12:00 will generally be dispatched from our warehouse within the following 24 hours, unless otherwise specifically agreed.

Delivery times within Italy are as follows: generally, within 24 hours of the invoice being issued, excluding Sardinia, Puglia, Basilicata, Calabria and Sicily, where delivery times will be a minimum of 48 hours. Trade union action and disruptions to courier services that may cause delivery delays are not attributable to our service, which is deemed complete upon delivery of the goods to our warehouse.

To view delivery charges, visit the Deliveries page

*Any weight displayed during the checkout process is to be considered indicative: the correct weight of the consignment, and the corresponding shipping cost, will be promptly communicated by F4Y’s administration before the order is invoiced.F4Y reserves the right to amend the shipping costs once the destination and weight have been verified, notifying the Customer of this before the dispatch of the consignment, and the Customer must authorise such changes. For particularly heavy and/or bulky consignments, F4Y reserves the right to arrange delivery via pallet, at an additional cost of €10.00, agreed in advance with the Customer. Telephone notification – Delivery by appointment: when selecting the delivery/collection method (point 3), you can choose the option ‘Express courier with telephone notification’. This service, which incurs a surcharge (see the [Shipping] page (https://blendfeel.com/spedizioni/)) compared to standard delivery, involves the carrier calling you to arrange a delivery date and time that suits you best. It is essential that your contact details are correct so that we can follow up with you; no other forms of communication, such as email, fax or text message, are provided. Industrial action and operational disruptions affecting courier services, which may cause delivery delays, are not attributable to our service, which is deemed complete upon delivery of the goods to our warehouse. If no confirmation is received within 24 hours, the order will be deemed to have been successfully completed, as per the notification of the amended order. Unless otherwise agreed, delivery will be made to the address specified by the Customer in the order. Collections from our premises are always free of charge. It is the sole responsibility of the recipient, upon receipt of the goods, to check that:

1) The number of packages corresponds to that indicated on the consignment note.

2) The packaging is intact, undamaged, dry and unopened.

3) Accept the delivery subject to reservation or clearly indicate the following standard phrases on the delivery note, next to the signature: “accepted subject to reservation due to damaged parcel”, “accepted subject to reservation due to open parcel”, “accepted subject to reservation due to wet parcel”. If the goods are visibly damaged, the parcel must be refused. The above is essential to enable us to seek redress from the courier. Please note that any complaints must be made at the time of delivery to prevent the parcel from being deemed ‘correctly delivered’.

Once the goods have been paid for and collected from our warehouse, they become the property of the purchaser: they are transported at the purchaser’s risk. We therefore recommend selecting the insurance option available during the purchase process. In the event of a return, the original delivery charges will not be refunded and the return postage costs will be borne by the sender.

5. INSPECTION OF PRODUCTS, DELAYS AND FAILURE TO DELIVER

The customer is required to inspect the goods received thoroughly upon delivery and to notify F4Y in detail, within 3 (three) days of delivery, of any defects found – or likely to be found – following such inspection, or to lodge any other complaint regarding the products. A formal complaint must be submitted using the form available in the members’ area of the customer’s account Support Requests. Should the customer fail to make the aforementioned notification, the items will be deemed to have been definitively accepted and to comply with the order specifications. It is understood that the customer may refuse delivery by the carrier of parcels with damaged packaging and must, in this regard, immediately inform F4Y of the incident; otherwise, the goods delivered shall be deemed to have been accepted in full in the condition in which they are found at that time.

6. TRANSFER OF RISK AND OWNERSHIP

Ownership of every product sold remains with F4Y until full payment of the purchase price and all the aforementioned taxes, duties and charges has been made, and until the product has been handed over to the courier for dispatch. The goods therefore travel at the Customer’s own risk, as the Customer is the owner; it is agreed that every shipment is carried out on the Customer’s specific instructions and at their expense and that, consequently, F4Y is released from any liability upon handover of the goods to the carrier or to the Customer should the latter decide to collect the goods in person or via a representative.

7. SHIPPING TERMS AND WARRANTY

Upon receipt of the parcel, you must check that it has not been tampered with in any way. If there are signs of tampering, it is likely that the parcel was opened during dispatch and that the contents have been subject to malicious interference. Acceptance of a tampered parcel, unless insurance was taken out at the time of purchase, implies that no claim will be made. Pursuant to Legislative Decree No. 185 of 22 May 1999, as amended, goods are transported at the recipient’s own risk; therefore, F4Y accepts no liability for any theft or damage. To make a claim under the warranty for purchased items, you must send an email stating the order number, order date and the defect found to info@flavors4you.com.The warranty will not apply in the event of tampering, partial use, negligence or carelessness in the use and maintenance of the product. Any non-conformity of the products must be reported within ten (10) days of receipt of the goods. The costs of returning the goods to the sender shall be borne by the Customer. Products that have been tampered with and/or opened will not be accepted and will be returned to the sender. Returned products must be packed securely and reliably; F4Y shall not be held liable for any damage the product may sustain as a result of packaging that is not sufficiently secure and protected.

8. LIMITATION OF LIABILITY

All F4Y products are manufactured using only production methods that comply with current regulatory provisions.

The use of the products is the sole responsibility of the customers, who undertake to comply with the law by using them in a permitted manner and, in the specific case of Retailers, to hold the necessary authorisations for their business to resell products purchased from Flavors4you srl.

F4Y accepts no liability whatsoever for the results obtained from the processing of these products. Similarly, F4Y accepts no liability for damages of any kind (including, but not limited to, loss of profit, business interruption, or personal injury of any nature) that may be incurred by third parties and/or customers as a result of the use – even if authorised – of products supplied by F4Y for any purpose. Any information disclosed by any means or specifically contained in the documents published on the Blendfeel.com website shall not give rise to any liability on the part of F4Y, which shall therefore not be liable for any damage suffered by users and/or third parties. F4Y shall not be held liable for any direct, indirect, incidental, special or consequential damage arising from the use of the information, or from any manipulation of the Blendfeel.com website carried out by such third parties. F4Y hereby informs users that it may, at any time, acting entirely independently and at its own discretion, replace, add to, amend and/or supplement the features and descriptions of its products as set out both on its website and in any and all commercial or informational publications. Except as required by applicable legislation, F4Y makes no warranties regarding the products it sells, including implied warranties of merchantability and fitness for a particular purpose.

9. RESTRICTIONS ON THE USE OF E-LIQUIDS FOR PERSONAL VAPOURISERS

Flavors4you srl manufactures and sells flavourings, raw materials, e-liquids for personal vapourisers, vapourising devices and accessories, intended for permitted uses and in compliance with current regulations. All products are offered for sale or prepared using ingredients and raw materials permitted by the European Union and in compliance with the specific regulations in force. All our formulations falling within the definition set out in Legislative Decree 6/2016, Article 2(s), have been notified to the Italian National Institute of Health if classified as hazardous, and also to the European portal known as EU-CEG. Liquid inhalation products (PLI) are classified by the Customs and Monopolies Agency (ADM), which has assigned them a unique PLI code.

It should be noted that the inhalation or vapourisation of flavourings, although a practice comparable to smelling them in an open environment, has not been specifically tested; therefore, unforeseen effects cannot be ruled out. Flavors4you srl accepts no liability for the use of its products when they are vapourised using vaping devices. E-liquids for personal vapourisers, and in particular those containing nicotine, are not to be regarded as foodstuffs and must not be ingested.

Nicotine and nicotine salts are toxic substances. Nicotine is addictive and, if ingested or absorbed through skin contact, may cause discomfort, vomiting and nausea. Ingesting a dose of pure nicotine, whether orally or intravenously, can be fatal; it is essential to read the Safety Data Sheets (SDS) carefully to understand the risks and, in the event of an accident, to hand them over to medical staff. The purchase of nicotine-containing e-liquids is prohibited by law for those under the age of 18.

Adults who purchase nicotine-containing products confirm that they are aware of and consent to the harmful and addictive properties of nicotine. The use of nicotine-containing products is not recommended for pregnant or breastfeeding women, or for people suffering from asthma, high blood pressure, diabetes or heart problems. If any adverse effects occur whilst using the base liquid, stop using it immediately and consult a doctor.

It is recommended that protective gloves be worn when handling liquids containing nicotine. Products containing glycerine should be consumed with caution by people with diabetes, as they may contribute to the onset of hyperglycaemia and glycosuria. All liquids classified as hazardous under the CLP Regulation are sold with child-resistant caps and raised-print labels for the visually impaired or blind. It is strongly recommended that bottles be stored in a cool, dry place out of the reach of children and pets, and that devices (vaporisers) compliant with current regulations be used for consumption.

10. PAYMENTS AND EXPRESS TERMINATION CLAUSE

Payments may be made using the following methods:

a) by bank transfer (Account number: 229670, BCC CREDITO COOPERATIVO MILANO, BRANCH PADERNO DUGNANO IBAN: IT 53A 08453 33520 000000229670 - BIC/SWIFT: ICRAITRRCLO);

b) via Satispay;

c) by credit card via the NEXI service;

d) in cash, within the limits permitted by current legislation, only in the case of collection from our premises. Dispatch of the goods, where the payment methods referred to in points

a) and d) above are used, will take place only after verification that the sums due have been received.F4Y reserves the right, however, to request payment in cash, within the limits permitted by applicable law, or to propose additional and alternative payment methods.

Any payment terms other than those set out above must be agreed in writing with F4Y before the order is placed.

All payments shall be made to F4Y without the customer being entitled to set off any amounts, make any deductions or raise any counter-claims. In the event of non-payment of the price due by the customer, the sales contract shall be deemed to be automatically terminated by operation of law in accordance with and for the purposes of Article 1456 of the Civil Code.Orders placed for which payment has not been made within 5 working days will be automatically cancelled.

11. CURRENCY

Payments must be made in euros; other currencies may be agreed in writing between the parties, within the limits permitted by law.

12. RIGHT OF WITHDRAWAL

The Right of Withdrawal is governed by the regulations in force on the date of the order. The customer is entitled, within 10 working days of receiving the goods, to exercise the ‘Right of Withdrawal’. This right consists of the option to return the purchased goods to the seller and receive a refund of the purchase price.

The right of withdrawal does not apply if any of the following conditions apply: - Packages opened by the customer. - Bottles with a broken tamper-evident seal. - Partially used products. - Products damaged through the customer’s negligence.How to exercise this right: Within the aforementioned period, send a written and signed statement via email to info@flavors4you.com or via certified email (PEC) to flavors4youy@legalmail.it, stating your intention to exercise the right of withdrawal and setting out the reasons. We will accept the return of any item, provided it is in perfect condition, and will refund the full amount (excluding packaging and postage costs, as required by Italian law).

F4Y will, within 30 working days of receiving the goods and after contacting the customer, credit the customer’s account with the amount paid on the invoice, excluding delivery charges.

13. CANCELLATION OF ORDERS

Orders placed with cash payment, within the limits permitted by current legislation, or by credit card, which cannot be fully fulfilled due to stock availability, will be partially cancelled and the relevant amounts refunded.

F4Y reserves the right, at its sole discretion, not to enter into commercial relationships with certain parties. F4Y also reserves the right not to accept or to cancel any orders, regardless of whether payment has been received or not, notifying the customer by fax, telephone or email within 48 (forty-eight) hours (excluding Saturdays and public holidays) of receiving the order.

Should F4Y refuse or cancel an order for which payment has already been made, F4Y shall promptly refund the full amount received, in accordance with the instructions provided to F4Y by the customer for this purpose.

It is, however, understood that the refund of the purchase price constitutes F4Y’s sole liability in the event of non-acceptance or cancellation of the order, and F4Y shall not be liable in any other respect.

14. FORCE MAJEURE

In the event that the fulfilment of orders by Blendfeel is hindered or prevented by force majeure or unforeseeable circumstances, or by the impossibility of procuring the services, materials or items necessary for the fulfilment of the order, except at higher prices, F4Y may delay the fulfilment of the order and, in such a case, shall notify the customer of the delay; the customer shall then have the right, within 3 (three) days of receiving notification from F4Y, to cancel the order in whole or in part.

In none of the aforementioned cases shall F4Y be held liable for the delay.

15. PROCESSING OF PERSONAL DATA

F4Y processes its customers’ personal data in accordance with the provisions of the law, in the manner and for the purposes specified in the Privacy Policy published on our Privacy Policy

16. JURISDICTION

The Court of Milan shall have exclusive jurisdiction over any dispute arising from these general terms and conditions of sale and the related product supply contracts. For information regarding these general terms and conditions of sale, please contact F4Y by email: amministrazione@flavors4you.com.