These Terms of Use govern access to the website ‘www.fope.com‘ (hereinafter the ‘Website‘), including access to the e-commerce checkout section of the Website, as well as access to and use of the services and content therein (such as, by way of example: images, software and interfaces, texts, trademarks and logos, designs or models).

By accessing the Website and viewing it, the subject assumes the role of the “User” and accepts these conditions from the moment of their first access and/or use. By continuing to browse and taking advantage of the features offered by the Website, the User declares their acceptance of these Terms of Use. Failure to accept or comply with these Terms of Use will prevent further access to or use of the Website’s content and services. The User, through registration and authentication, will be able to access a reserved section as a ‘Customer’.

These Conditions of Use apply cumulatively to the General Terms and Conditions of Sale, which govern any purchase of products included in the Website’s online catalogue.

The current Conditions were updated on 1.8.2025 and will be applicable until otherwise communicated by FOPE S.p.A. or their next update.

ARTICLE 1: THE WEBSITE WWW.FOPE.COM

Access to the Website is free of charge.

The Website is owned and managed by FOPE S.p.A., Via Maria Teresa Mioni no. 10, 36100 Vicenza – Italy – Tax Code / VAT No. 00163880248 – Share capital: 3,820,000 Economic and Administrative Index (REA) No. 114378.

At any time, without any form of notice and without any obligation of compensation and at its sole discretion, FOPE S.p.A. Reserves the right to close the Website and/or make any changes and/or additions to its content that it deems appropriate.

Any information and/or request from the User may be forwarded to: web@fope.com.

ARTICLE 2: LIMITATIONS OF LIABILITY

The User accepts the Website “as is”, without any warranties, either express or implied. To the maximum extent permitted by applicable law, FOPE S.p.A. shall not be liable for any direct or indirect, incidental, special or consequential damages of any kind arising from or related to the use of the information available through the Website, nor shall it be liable in any way for any loss of use, business interruption, or loss of profits or data, regardless of the form of the action, whether contractual, non-contractual (including negligence) or otherwise, even if FOPE S.p.A. and/or the User have been advised of the possibility of such damages.

FOPE S.p.A. will endeavour to publish as accurate, complete and up-to-date information as possible on the Website. However, as of now, no guarantee is provided that the use of the information does not violate the rights of third parties, nor that the functional and/or technical aspects of the Website and the related material and the information contained therein are error-free, accurate, complete and/or up-to-date and free from viruses or other harmful components.

ARTICLE 3: ONLINE PRIVACY PROTECTION

All data transmitted by the User through access to or use of the Website will be processed in accordance with the rules on “Online Privacy Protection”, as outlined in the Privacy Policy page, which is hereby expressly referenced and accepted by the User.

ARTICLE 4: OBLIGATIONS OF THE USER

The User undertakes not to transmit, disclose, send, communicate or store information and other materials that:

The User also agrees not to:

The User is solely responsible for the operation and maintenance of their equipment and for taking all necessary measures to ensure their online safety.

Any unlawful conduct, or conduct that does not comply with the provisions herein, will be prosecuted in accordance with the law at the competent offices.

The User agrees that FOPE S.p.A. may terminate or suspend access to and use of the Website if FOPE S.p.A. reasonably believes that the User has violated or acted in a manner inconsistent with the letter or intent of these Terms of Use, or has violated the rights of FOPE S.p.A., its affiliates or any third party, with or without notice to the User.

ARTICLE 4: COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS

All copyright rights related to the design of the Website and its contents (including, but not limited to, text, graphics, photographs, images, and the user interface), as well as the selection, coordination and organisation thereof, are the exclusive property of FOPE S.p.A., its affiliates or any third-party licensors or licensees. No statement contained on the Website confers a licence of the industrial and/or intellectual property rights of FOPE S.p.A. or third parties.

The content of the Website is intended only for Users and Customers of the Website, for viewing and purchasing “FOPE®” products for personal use. The content may be viewed and used only for information purposes and may therefore not be altered, reproduced, transmitted, modified or otherwise used for derivative works or other commercial purposes, in whole or in part, without the prior written consent of FOPE S.p.A.

The User may freely view the content of the Website, print it, copy it and save it on the hard disk of their computer or on another physical medium, under their own responsibility and only for personal and private use, in compliance with current legislation on copyright protection.

All rights concerning trademarks, product names, brand names, logos, packaging and design of all the products or services of FOPE S.p.A., its affiliates or third parties, both in extended form and with the trademark symbol, belong exclusively to the legitimate owners, in accordance with the applicable laws. All uses that may violate such rights are expressly prohibited.

ARTICLE 5: HYPERLINKS

The Website may contain hyperlinks to other websites. FOPE S.p.A. assumes no responsibility for any content or services offered by third parties, nor does it guarantee the technical availability, reliability, or lawfulness of any material and information contained in the linked websites.

Similarly, the inclusion of a link does not imply any form of association, merger, participation, or assumption of responsibility by FOPE S.p.A. with respect to the owners and contents of the linked websites.

ARTICLE 6: DURATION AND MODIFICATION OF THESE CONDITIONS

FOPE S.p.A. reserves the right to modify these Terms of Use of the Website without prior notice.Any changes will take effect immediately from the first publication on the Website, until any new changes.

ARTICLE 7: GOVERNING LAW

Italian law applies exclusively to the relationship between FOPE S.p.A. and the User.

GENERAL TERMS AND CONDITIONS OF ONLINE SALES

These General Terms and Conditions of Sale (hereinafter, the “General Terms”) are valid and automatically apply between FOPE S.p.A., with registered office at Via Maria Teresa Mioni no. 10, 36100 Vicenza – Economic and Administrative Index (REA) no. 114378 , VAT No. 00163880248 (hereinafter, “FOPE S.p.A.”), and any person, hereinafter referred to as the “Customer,” who makes online purchases on the Website ‘www.fope.com’ (the “Website”). These General Terms govern purchases made on the Website in accordance with the provisions of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on electronic commerce.

The Customer declares to have read and understood these General Conditions, as they are published on the Website, in addition to the Conditions of Use of the Website. The electronic sending of the purchase order by the Customer implies the acceptance of these General Conditions. FOPE S.p.A. reserves the right to unilaterally amend these General Terms by updating them on the Website. The date of their publication on the Website shall be deemed the effective date.

ARTICLE 1: SUBJECT OF THE CONTRACT

Under the terms of these General Conditions, FOPE S.p.A. sells to the Customer, who purchases remotely (electronically via the Website), the goods indicated and offered for sale on the Website.

The products are sold with the characteristics described on the Website. The images relating to the items for sale on the Website are representative of FOPE® jewellery and are intended to showcase the product. However, these illustrations may not represent all aspects of the actual product, and there may be slight chromatic or aesthetic/morphological differences, due solely to the photographic reproduction process. Any such discrepancies may not be the subject of claims or disputes by the Customer.

ARTICLE 2: PURCHASE METHOD

Through the Website, the Customer purchases the FOPE® product, the characteristics of which are illustrated online in the relevant descriptive and technical datasheets, at the price indicated therein.Before processing the order, FOPE S.p.A. will send the Customer an order receipt confirmation by email, containing a summary of the essential characteristics of the purchased products, the detailed price, and the payment and shipping methods chosen by the Customer. The Client must, without delay, check the content of the communication and immediately report any errors or omissions to FOPE S.p.A. at ecommerce@fope.com. FOPE S.p.A. reserves the right, at its discretion, to refuse or cancel orders at any time on reasonable grounds.

The contract between the Customer and FOPE S.p.A. is deemed concluded when the order sent by the Customer is confirmed with an Order Confirmation sent to the Customer’s email address, provided that FOPE has received confirmation of payment of the total amount due and/or the availability of the product has been confirmed by FOPE S.p.A. up to the time of shipment. The order sent by the Customer will therefore be binding on FOPE S.p.A. only upon the occurrence of the conditions mentioned above. FOPE S.p.A. is not liable for malfunctions of the data transmission network attributable to the operator or intermediary providers. The purchase order received will be stored in the Website’s database for the time necessary to process it.

ARTICLE 3: PRICES AND PAYMENT TERMS

All product prices indicated on the Website ‘www.fope.com’ are inclusive of VAT and shipping costs. The product prices may be subject to updates, at any time, by FOPE S.p.A. In any case, goods will be invoiced based on the prices indicated on the Website at the time of order creation and as indicated in the confirmation email sent by FOPE S.p.A. to the Customer.

The Customer may make payment using one of the following methods:

FOPE S.p.A. shall not be held responsible for any unauthorised or fraudulent use of credit cards or other payment methods by third parties during the purchase process, as FOPE S.p.A. never has access to the customer’s credit card number, which is transmitted directly and securely to the banking service provider via a protected connection.

ARTICLE 4: PRODUCT DELIVERY

The delivery of the products ordered by the Customer will take place in the manner selected by the Customer from those available and indicated on the Website at the time of sending the order, by FOPE S.p.A., at the Customer’s expense.

Delivery is always subject to receipt of full payment of the price of the products.

The products purchased on the Website are delivered in special packaging that guarantees that they are kept safe and intact even during transport.

The goods purchased, together with the relevant invoice, are delivered by courier to the delivery address specified by the Customer at the time of the online order. The delivery time is estimated at 7-20 working days (unless otherwise indicated in the Order Confirmation) and may vary by product and by size/colour, and is indicated in the product datasheet.

In the case of payment by credit card, there may be a change in delivery times, due to administrative checks.

In the case of payment by bank transfer, the shipping times will be calculated starting from the date the payment is confirmed as received.

If delivery of the products is delayed due to circumstances beyond our control, we will promptly inform you and make reasonable efforts to minimise the impact of the delay.

The delivery timeframe indicated in the order is not to be considered strict or essential for the execution of the contract. In the case of non-receipt of the product within sixty (60) days from the date of the Order Confirmation, you can contact FOPE S.p.A. at ecommerce@fope.com to cancel the order and obtain a refund of the amount paid in advance for the products not received. In any case, the sole remedy for delayed or failed delivery of the order is the right to cancel the order and receive a refund equal to the amounts paid for the undelivered products, with the Customer hereby waiving any claims for damages.

The shipment can be tracked by the Customer, on the courier’s website, by entering the tracking information that FOPE S.p.A. will communicate by email to the Customer, if this service is available from the courier.

Upon delivery of the goods by the courier, the Customer is required to check that: (a) the number of packages delivered corresponds to the number indicated in the consignment note; (b) the packaging is intact, undamaged, not wet, and not otherwise altered, including the sealing materials.

Any damage to the packaging and/or discrepancy in the number of packages must be immediately contested by adding a written note of the reservation on the courier’s delivery receipt. Once the courier document has been signed, the Customer will no longer be able to raise any claims regarding the external condition of the delivered goods.

The Customer agrees to promptly verify, and in any case no later than 14 days from the delivery date, that the shipment contains all the goods, and only the products purchased, and to promptly notify FOPE S.p.A. in writing of any defects found in the received products; otherwise, the products will be considered accepted.

No responsibility can be attributed to FOPE S.p.A. for delayed or non-delivery due to force majeure (such as but not limited to – acts of war, strikes, states of emergency at national or local level, failure of transport infrastructures, malfunction and disruption of the internet, earthquakes) or other unforeseeable events.

ARTICLE 5: PRODUCT AVAILABILITY

The availability of the FOPE® product shown on the Website refers to the moment that the Customer places the order. However, such availability must be considered indicative only, since (a) the products may be sold to other Customers before the order confirmation, due to multiple users ordering simultaneously on the Website, and (b) a technical anomaly may occur that makes a product available for purchase when, in fact, it is not.

Even after the order confirmation email is sent by FOPE S.p.A., there may be cases of unavailability of the goods. In this case, the order will be corrected by deleting the unavailable product and the Customer will be informed immediately by email. With this communication, the Customer will be informed about the procedures and timing for converting the order to a different product or, at the Customer’s choice, receiving a refund of any amounts paid and to be returned.

ARTICLE 6: WARRANTIES

Pursuant to Articles 129 et seq. of the Consumer Code, FOPE S.p.A. guarantees for 24 months from the date of delivery of the products (a) the authenticity of all products purchased on the Website ‘www.fope.com’; (b) that the products (excluding those parts of the products that are not produced by FOPE S.p.A.) comply with those ordered (in relation, for example, to the type, quantity, weight and colour indicated in the order), are free from defects and comply with the industry standards applicable at the time of delivery; (c) that the products are suitable for the use for which goods of the same type are normally used.

The warranty is excluded if the defects are attributable to: (a) negligent or improper use; : (b) failure to comply with FOPE S.p.A.’s instructions regarding the operation, maintenance, and preservation of the products; (c) repairs or modifications carried out by the Customer and/or third parties without the prior written authorisation of FOPE S.p.A.; (d) normal wear and tear, or aging.

FOPE S.p.A. sells its products online exclusively through the Website ‘www.fope.com’.

ARTICLE 7: COMPLAINTS

For any complaint or issue, the Customer must contact the following address by email: ecommerce@fope.com. The Customer will be contacted for clarifications within 3 working days from the request. If the Customer identifies defects or non-conformities in the purchased product, FOPE S.p.A. will arrange for the free return of the item and, at its discretion, its replacement and/or repair, covering the collection/delivery shipping costs, after verifying the actual presence of a manufacturing defect. The warranty lasts for 24 months from the date of delivery and is void if the product has been worn or used and subsequently damaged, tampered with, or if the defect results from improper or negligent use, or failure to follow the maintenance instructions.

The Customer may choose to request a reasonable reduction in the price or the termination of the product sales contract if one of the following situations occurs:

a) repair and replacement under warranty are impossible or excessively costly;

b) the Seller has not repaired or replaced the product under warranty within a

reasonable timeframe;

c) the replacement or repair under warranty previously carried out has caused considerable inconvenience to the Customer.

If FOPE S.p.A. identifies defects caused by product use rather than manufacturing discrepancies, the company will contact the Customer to provide a cost estimate for any repair and/or replacement, which will only be carried out with the written consent of the Customer. In this case, the shipping costs will be charged to the Customer. The repair and/or replacement will be carried out following payment of repair and shipping costs.

ARTICLE 8: RETURNS AND REFUNDS

If the Customer, for any reason, is not satisfied with their purchase, they have the right to withdraw from the contract free of charge, without providing any reason, within 14 days from the receipt of the FOPE® products. To initiate a return, the Customer must send an email with the return request to FOPE S.p.A.’s customer service team, which will provide instructions on how to proceed with the return. The purchased item to be returned must be shipped back to FOPE S.p.A. within 10 days from the date of the return communication and must be returned in its original packaging, accompanied by the warranty certificate. The shipping costs to be paid for the return of the product are borne by FOPE S.p.A.

In the event of withdrawal, FOPE S.p.A. will refund the full amount paid by the Customer within 30 days from the date of receipt of the goods shipped by the Customer. Refunds will be made with the same method of payment provided for the purchase.

It is understood that FOPE S.p.A. shall not be held responsible and will not refund the price of any products that the Customer claims to have returned but which are lost or stolen during shipment, or that arrive damaged at FOPE S.p.A. (unless such defects are the reason for the return), and therefore, FOPE S.p.A. will not issue refunds or compensation in these cases. The right of withdrawal does not apply for tailor-made or customised goods purchased.

ARTICLE 9: INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

All intellectual and industrial property rights (patents for inventions, designs or models, utility models, trademarks, know-how, copyrights, technical specifications, data, whether filed or registered or not, as well as any application relating to such rights and any other right or form of protection of a similar nature or with equivalent effect) relating to FOPE® products and the company FOPE S.p.A. are the exclusive property of FOPE S.p.A. Any communication and/or use of them within the relationship with the Customer does not create any rights in favour of the Customer; the Customer is in any case obliged not to engage in any conduct that conflicts with these intellectual and industrial property rights.

FOPE S.p.A. is the exclusive owner of the trademarks containing the word or logos “FOPE” and the Customer shall refrain from using and/or registering trademarks, domain names or other distinctive signs similar and/or confusing with them.

Article 10: PRIVACY

All Customer data accessed by FOPE S.p.A. during the execution of the contract will be processed in accordance with the ‘Privacy Policy,’ which is expressly referenced and accepted by the Customer.

ARTICLE 11: MISCELLANEOUS

Any invalidity or ineffectiveness of individual provisions of these General Conditions shall not affect the validity of the remaining provisions.

ARTICLE 12: APPLICABLE LAW AND JURISDICTION

These General Terms and the sales relationship between FOPE S.p.A. and the Customer are exclusively governed by Italian law. Any dispute that may arise between the parties regarding the interpretation, application, and/or enforcement of these General Terms, and more generally relating to the connected and associated sales contracts of FOPE® products, shall fall under the exclusive jurisdiction of the Court of Vicenza and, where applicable, the Court of Venice, Specialised Business Section.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer, after having clearly and fully viewed them, declares that they understand, approve and specifically and expressly accept the following clauses: 2) Limitations of liability; 6) Warranties; 7) Complaints; 8) Returns and Refunds 12) Governing Law and Jurisdiction.