GENERAL TERMS OF SALE (“GTS”)

15\05\2025

Article 1. Premises

A) The online platform “AGATA ECOSYSTEM” constitutes an original digital infrastructure, based on client–server technology, composed of IT, telematic, organizational, procedural, accounting, administrative and operational components, interconnected and integrated, designed to enable the use of products and services, work tools and all functionalities specifically produced or aggregated and delivered there by the corporate group headed by the owner “Agata Ecosystem S.p.A.”, a Bulgarian company having its registered office at 7V Stefan Karadja Str, Sofia, Bulgaria (hereinafter also “AGATA ECOSYSTEM” or the “Platform”);

B) At the core of the functionalities integrated in AGATA ECOSYSTEM is the ecommerce called “AGATA BUY” (www.agatabuy.com), managed—on behalf of “Agata Ecosystem S.p.A.”—by the Maltese company “WE GET LIMITED”, with registered office at Triq IlKbira 138, Flat 4, IlMellieha, Malta (hereinafter, for simplicity, the “Manager” or “We Get” or “Operator”), aimed at commercial streamlining and incentivization as well as the sale of products and services of and among its members (hereinafter, simply “AGATA BUY” or the “ecommerce”).

C) AGATA ECOSYSTEM brings together a diverse community of companies, professionals, entities in general, natural persons, located throughout the territories of the European Union, united by a generative and solidaritybased vision of entrepreneurship and by the goal of promoting the multipotential development of each of its members, who are simultaneously economic operators and consumers (hereinafter, the “Community”).

Article 2. The Website

The website www.agatabuy.com (hereinafter the “Site”) is an ecommerce site accessible via the Internet at www.agatabuy.com. The Site is accessible to all Internet users (hereinafter, “Internet Users”). Within these General Terms of Sale (hereinafter “GTS”), the term “Parties” refers jointly to the Users and We Get Limited, and “Party” refers to either one separately. The term “Buyer” refers to any User who has placed an order for the purchase of Products with delivery exclusively within Italian territory. The Buyer shall enjoy and be bound by the same rights and obligations under these GTS as Users. The sale of Products via the Site is intended solely for the personal use of Users and not for professional purposes. Products purchased on the Site will be delivered exclusively to the territories indicated in the Country and Language section of the Site. Users wishing to purchase on the Site, aware of the civil and criminal liabilities for false statements, declare that they have full legal capacity and are of legal age under Maltese law.

Each purchase order for Products offered on the Site implies consultation of and express acceptance of these GTS, without such acceptance being conditioned upon the User’s handwritten signature. Completing and submitting the order form constitutes, for all legal purposes, a contract of sale between We Get Limited and the User of the Site, from which mutual rights and obligations arise governed by civil law, stemming from the online sale of Products and from the relations the Parties establish on and exclusively through the Site. The User may save and print the GTS, provided no modifications are made. The GTS define all steps necessary to place an order. The applicable GTS may be consulted at any time by clicking on the appropriate link. We Get Limited may update the GTS at any time.

These GTS apply to the exclusion of any other document.

Article 3. Products

The Products offered for sale by We Get Limited are those listed on the Site on the date of User consultation, subject to stock availability. Photographs illustrating the Products are not part of this contractual scope; therefore, We Get Limited cannot be held liable for any errors and/or discrepancies. Despite efforts to ensure faithful reproduction of Product colors as shown in the photos published on the Site compared to the originals, discrepancies may occur, in particular due to technical limitations in electronic color reproduction. Consequently, We Get Limited cannot be held responsible for errors and/or inaccuracies in the graphical and photographic reproduction of the Products on the Site.

Availability of Products

Products are offered within the limits of available stock. In the event of a Product’s unavailability, the Buyer will be informed promptly. Notification may occur:

  • At order creation: a popup will indicate that the desired Product is not available.
  • After order confirmation: via email or telephone.

If a Product’s unavailability is notified after order confirmation, the Buyer will receive a refund for the unavailable items. We Get Limited disclaims any liability in the event of stock exhaustion or Product unavailability. When the Site User places an order, they may view all Products available for online purchase.

Reservation of Title

Ordered Products remain the property of We Get Limited until full payment of the price is received and at the moment the Products are physically delivered to and received by the Buyer. In case of payment irregularities, the Buyer agrees to return the Products upon first request. Conversely, from the effective date of delivery, risks (specifically related to loss, theft or damage) concerning the delivered Products are borne by the Buyer.

Article 4. Prices and Payments

Prices

Product prices are stated in Euros and include VAT applicable on the order date. The price charged to the Buyer is the price stated on the Order Confirmation email sent by We Get Limited. The established price includes packaging costs, which are free for Users; but excludes shipping costs, which remain the responsibility of the Buyer, as well as any costs for a delivery method different from the standard one, except where freeshipping promotions apply.

We Get Limited reserves the right, which the User accepts, to modify the prices published on the Site at any time. In any event, Product prices, subject to availability, will be charged based on the rates indicated at the time of order registration. The prevailing rate will be that shown on the Site, except in cases of pricing errors, in which case We Get Limited will promptly inform the Buyer and offer the option to reconfirm the order at the correct price or cancel it; failing reconfirmation, the order will be canceled and the full amount paid will be refunded to the Buyer.

Payments

In order to make an online purchase, Users may use, in addition to standard bank transfers, cryptocurrency wallet payments, Visa, Mastercard, Maestro, American Express credit cards or PayPal.

At the time of purchase, the following data will be requested:

  • Card number
  • Expiration date
  • Threedigit security code (CVV) on the back of the card (Visa and Mastercard only).

To prevent and reduce the risk of unauthorized access, card data will be encrypted. Once the Order is received, We Get Limited will perform a preauthorization on the User’s credit card to ensure sufficient funds are available to complete the transaction. The User’s card will be charged when the Order leaves We Get Limited’s warehouses.

In accordance with applicable regulations, every purchase made through the website will be subject to the Value Added Tax Act, Cap. 406, Third Schedule, Part Two (“Place of supply of services”), which governs the general rule for B2B and B2C services and ancillary services to intraEU transactions and imports, and in particular, Third Schedule, Part Two, Item 2 – “Place of supply of services”, Fourteenth Schedule, Part Seven – “Special scheme for electronically supplied services”, relating to the common system of Value Added Tax (VAT), according to which deliveries are deemed located in the Member State indicated in the delivery address of the items, with VAT applicable at the rate legally in force in each destination Member State for the items delivered in each order.

Article 5. Order Entry and Confirmation

Navigation Within the Site

Users may view and select the various Products marketed by We Get Limited at www.agatabuy.com. Users may browse the Site’s pages free of charge and without any purchase obligation. Orders will only be accepted if the billing and delivery address is located in Italy.

Placing an Order

If a User wishes to place a purchase order, they must select the desired Products by clicking the “Add to Cart” button. Each new Product added to the cart will be indicated by a specific popup window. At any time, Site Users may:

  • View a summary of selected Products or modify the order by clicking the “Cart” button, located at the top right on every page;
  • Continue selecting Products by clicking “Continue Shopping”;
  • Complete the selection of Products and place the order by clicking “Buy Now”.

To order the selected Products, Users must click the “Cart” button. A summary of the order will appear on the screen. If the list matches the chosen Products, Users must confirm by clicking “Buy Now”. The User must identify themselves by entering their email and password if already registered; otherwise, they may register or place the order without registering. The User acknowledges and accepts that entering their username constitutes proof of identity and consent. In case of new registration, the User agrees to complete the registration form in good faith and acknowledges that the data provided and recorded on We Get Limited’s informational sites are accurate and serve as proof of identity. To complete the order, the User must follow all steps listed in this paragraph. By using this website and/or placing orders via it, the User agrees to use the website only for valid inquiries or orders and not to place false or fraudulent orders, which will be subject to cancellation by We Get Limited.

Final Order Validation

The User must click the “I Accept the General Terms of Sale” checkbox before proceeding to select the payment method. Users are invited to enter credit card details or log in to their PayPal account. Orders are validated after entering card information or authorizing through PayPal. By We Get Limited’s acceptance, even partial, of the order, the contract between it and the User/Buyer is deemed perfected. We Get Limited reserves the right, at its sole discretion, to accept the order. Acceptance is deemed tacit if not otherwise communicated to the User. Any right of the User to damages or compensation, as well as any contractual or noncontractual liability for direct or indirect damages to persons and/or things, due to nonacceptance, even partial, of an order, is excluded.

Order Confirmation

Once the Buyer has validated their order and arranged payment, a summary window will display the transaction number, acknowledgment of order receipt (the “Order Confirmation”) and confirmation that it is being shipped (the “Shipping Confirmation”). This confirmation will also be sent to the Buyer by email. The confirmation will include all contract elements arising between the Parties, including the requested Products, payment terms, delivery instructions, and the address of We Get Limited’s office for any claims, as per Article 1 of these GTS. It is advisable to keep a copy (electronic or paper) of the order information. Data recorded and collected on the Site constitute full proof of all transactions between the Buyer and We Get Limited. In case of dispute between We Get Limited and the Buyer regarding a transaction on the Site, data recorded by We Get Limited will serve as full proof of content and transaction. We Get Limited retains an electronic copy of the contract concluded between We Get Limited and the Buyer from the contract’s conclusion until delivery of the goods and for ten subsequent years. The Buyer may access this written copy at any time by emailing info@agatabuy.com or contacting the contacts in Article 1 of these GTS, attaching proof of identity.

Article 6. Delivery

Methods and Timing

Order delivery is managed directly by We Get Limited or the Vendor associated with www.agatabuy.com. Orders are dispatched within the timeframe indicated in the Order Confirmation and, in any event, no later than thirty (30) working days from the day after receipt of the Order Confirmation email.

Products ordered by a Buyer will be delivered to the address provided on the order form. If the Buyer is absent and carrier delivery attempts are exhausted, the shipment will return to sender. In such case, the contract is considered terminated and the Buyer will be refunded due amounts within 14 days of termination, excluding costs incurred by We Get Limited for delivery and return shipping.

Deliveries are not made on Saturdays, Sundays or public holidays, and delivery is deemed completed upon the Buyer’s or their designated third party’s physical receipt of the Products via authorized courier.

If the Buyer refuses delivery, such refusal does not equate to a return; therefore, shipping costs and any costs already incurred for dispatch, as well as return shipping costs and expenses borne by We Get Limited, remain the Buyer’s responsibility. These amounts will be deducted from the price paid by the Buyer for the purchased items.

At the time of choosing the delivery method, the Buyer may also select “Click and Collect” to pick up the order free of charge at participating Vendors of www.agatabuy.com (listed at purchase). Not all Vendors or items may use this method; if unavailable, the Buyer may select home delivery. Once the order is ready for pickup, the Buyer receives an email notification with a barcode to present at the selected store. The Buyer has 15 days to collect the order, during which three email reminders are sent. After this period, the order cannot be collected and the Buyer is refunded via the original payment method.

Delivery Issues

In case of delivery delay, the Buyer must inform Customer Service at info@agatabuy.com or via We Get Limited’s published contacts as soon as possible. We Get Limited will contact the carrier for verification, whose duration cannot be predicted. If delivery terms are not met or extended, the Buyer may terminate the contract and receive a full refund, provided We Get Limited first informs the Buyer of the delay to ascertain their willingness to accept it and postpone delivery. Transport risks are borne by the Buyer from physical possession onwards. Upon receipt, the Buyer must verify that Products match the order. Any anomalies (missing or damaged items, damaged packaging, tears, etc.) may be reported by accepting delivery with reservation and notifying We Get Limited within 24 hours to info@agatabuy.com or via published contacts, specifying the affected Product. Claims not reported within 24 hours of delivery will be rejected, and We Get Limited assumes no liability. We Get Limited is not liable for loss, misdelivery or delayed delivery if transport risks chosen by the Buyer are theirs to bear. Providing personal data for delivery is mandatory for order processing, shipping and invoicing; such data are strictly confidential. Failure to provide them prevents order completion.

Article 7. Right of Withdrawal and Returns

In full compliance with the Consumer Affairs Act (Cap. 378) and the Consumer Rights Regulations (S.L. 378.17) on consumer rights, the Buyer has 14 (fourteen) days to return, at their expense, Products that do not satisfy them and must keep the Products intact until that time. This period begins on the day of order delivery. For multiple deliveries, the period runs from receipt of the last item of the purchase order. The withdrawal notice may be sent by registered letter to We Get Limited, operational office at Triq IlKbira 138, FL4, Mellieha, MLH2315 Malta, or by following instructions on www.agatabuy.com and emailing info@agatabuy.com. The withdrawal period starts upon order receipt and ends after 14 (fourteen) working days. In case of withdrawal, only the price of returned Products is refunded, and a €15.00 return handling fee plus return shipping costs are charged to the Buyer. The right of withdrawal can be exercised only by the Buyer and not by third parties. Products must be returned, together with the delivery note, to WE GET LIMITED, Triq IlKbira 138, FL4, Mellieha, MLH2315 Malta, or to the Vendor that physically delivered or shipped the goods on behalf of We Get Limited. Direct return costs, i.e. shipping costs for returning the Products, are borne by the User, who is informed of the transport cost and courier before confirming the withdrawal request. If the Buyer claims failure to recognize the right of withdrawal by We Get Limited due to nonreceipt of the withdrawal notice, the Buyer bears the burden of proof of having exercised it.

Exclusions from Right of Withdrawal

Pursuant to the Consumer Rights Regulations (S.L. 378.17), Regulation 10(1), the exceptions to the right of withdrawal—that is, the cases in which the consumer cannot exercise the “coolingoff” right—are listed in Regulation 18 of S.L. 378.17. In summary (referring to the same categories set out in Directive 2011/83/EU):

  • Goods packaged or made to measure or clearly personalized
  • Goods that risk perishing or expiring rapidly
  • Sealed goods not suitable for return for hygiene or health protection reasons once unsealed
  • Goods that, once delivered, are inseparably mixed with other items by their nature
  • Nonphysical digital content (and performance begun with consumer’s express consent)
  • Services fully performed before the withdrawal period ends, provided performance began with consumer’s express consent and acknowledgment of losing withdrawal right
  • Sealed audio or video recordings and sealed software if seal broken after delivery
  • Newspapers, periodicals and magazines (except subscription contracts)
  • Accommodation, transport, car rental, catering or leisure services for specific dates or periods
  • Express waiver by the Buyer
  • Purchases of customized Products made by We Get Limited on User’s specifications
  • Purchases of Products combined for special occasions
  • Underwear
  • Cosmetics

Products That Do Not Satisfy the Buyer

If a Buyer exercises the right of withdrawal, the Product(s) must be returned in original form and packaging, accompanied by the waybill provided by www.agatabuy.com at the end of the return procedure. The Buyer bears the €15.00 return handling fee plus return shipping costs, except for nonconforming items. We Get Limited will not accept shipments with freight collect. The Buyer assumes all reasonable risks related to return. If conditions are met, We Get Limited will refund the Buyer within 14 working days from return arrival at our warehouses, for an amount corresponding to the purchased Products. The Buyer is responsible only for any diminished value resulting from handling beyond that necessary to establish the nature, characteristics and functioning of the Products. We Get Limited will execute the refund using the same payment method used for the initial transaction. We Get Limited is not required to refund additional costs if the Buyer chose a delivery method other than the least expensive offered. No refund is made if (a) the Product has been used beyond mere opening; (b) Products are not in the same condition as delivered and/or are damaged and/or not intact and in normal conservation condition and/or not equipped with identification tags. Within 14 working days, We Get Limited may withhold the refund until the Buyer has received the Goods or has demonstrated shipment thereof.

NonConforming Products

Nonconforming Products are those sent in error by We Get Limited or that present defects. If the Buyer deems a delivered Product nonconforming to the contract, they must contact We Get Limited within 24 hours of receipt at info@agatabuy.com, indicating the order number and attaching photos of the item. In case of return, We Get Limited will examine the returned Product and notify by email whether a refund will proceed. The refund will be made within 14 days of sending the confirmation email. Return costs are borne by the Buyer, while the amount paid for Products returned due to damage or defect, if confirmed by We Get Limited, will be fully refunded, including delivery expenses.

Promotional Products

For purchases of promotional Products, returns proceed as follows:

  • Return all purchased items to receive the total amount spent, net of shipping costs;
  • Return one or more promotional items to receive a refund equal to the individual item’s original purchase cost, reduced by a weighted average of the threeitem discount.

Refunds are always net of shipping costs.

Article 8. Statutory Warranty

The statutory warranty of conformity is governed by the Consumer Affairs Act, Cap. 378 (Sections 72–80) and the Consumer Rights Regulations, S.L. 378.17 (Regulations 16–17) in favor of the consumer who purchases Products for personal use (i.e., for purposes unrelated to their professional or business activity) that present conformity defects. A conformity defect, subject to statutory warranty, exists when the purchased Product is defective or does not allow the usual use of goods of the same type, or is otherwise not conforming to the seller’s description. The statutory warranty does not cover defects resulting from normal wear and tear, abnormal or improper use, accidental events (e.g., drops) or willful damage, nor defects from repairs made by unauthorized persons or centers. In the presence of a conformity defect existing at delivery:

  • Primarily, the Buyer has the right to obtain, free of charge, restoration of the Product’s conformity through repair or replacement. The Buyer may choose repair or replacement, unless the requested remedy is objectively impossible or disproportionately costly compared to the other. Repairs or replacements must be made within a reasonable time from the request.
  • Secondarily, if the first two remedies are impossible or excessively burdensome, or not completed within a reasonable time, or cause significant inconvenience, the Buyer may request, at their choice, a reasonable price reduction, considering the Product’s use, or contract rescission.

Any additional warranties provided by the manufacturer or retailer do not replace or limit statutory warranty rights. The statutory warranty covers defects manifesting within two years of delivery, provided defects are reported within two months of discovery and the Buyer has proof of purchase (invoice or fiscal receipt) explicitly indicating the Product.

Article 9. Force Majeure

Neither Party shall be liable for total or partial nonperformance or delay in performing obligations under this contract caused by an event that cannot be prevented (hereinafter “Force Majeure”). Force Majeure events may include, by way of example, wars, riots, insurrections, serious Internet security disruptions, technical failures, unauthorized access and/or intrusions into the website’s servers, strikes of any kind, telematic or telephone failures. If a Party assumes a Force Majeure event has occurred, it must inform the other Party within 5 working days of the event’s occurrence or risk thereof. The Parties agree to meet to jointly determine terms and conditions for order fulfillment during a Force Majeure event. After one (1) month of interruption due to Force Majeure, We Get Limited may choose to cancel orders and refund the Buyer, if due.

Article 10. Protection of Personal Data

Providing personal information collected in remote sales is mandatory, as such information is necessary for order processing, delivery, and invoicing. Such information is strictly confidential. For all information regarding personal data processing, please refer to the Privacy Policy.

In accordance with:

  • Right of access (Loi 7817 art. 39–40) → DPA Cap. 586, Section 44
  • Right of rectification (Loi 7817 art. 38) → DPA Cap. 586, Section 47
  • Right to erasure/“right to be forgotten” (Loi 7817 art. 40) → DPA Cap. 586, Section 48
  • Right to restriction of processing (Loi 7817 art. 41) → DPA Cap. 586, Section 49
  • Right to data portability (introduced by GDPR) → DPA Cap. 586, Section 48A
  • Right to object (Loi 7817 art. 38) → DPA Cap. 586, Section 50
  • Automated decisions and profiling → DPA Cap. 586, Section 51
  • Response times → DPA Cap. 586, Section 52

The User has the right to access, modify, rectify and delete personal data concerning them. To exercise such rights, the User must send an email to legal@agatabuy.com. The Buyer can thus make informed choices about the personal information provided to the Site.

Article 11. Partial Invalidity

If one or more provisions of the General Terms of Sale (GTS) are deemed invalid or declared as such by law, regulation or by a final court decision, all other provisions shall remain fully valid.

Article 12. Entire Agreement

These GTS and the entire order summary sent to the Buyer form an integral part of the contractual relationships between the Parties. In case of discrepancy between these documents, the GTS shall prevail.

Article 13. Applicable Law and Jurisdiction

These GTS and the contractual relationships between We Get Limited and the Buyer are governed by Maltese law. For any dispute arising concerning the interpretation and/or performance of this contract, the courts of Valletta shall have exclusive jurisdiction.

Article 14. Amendments to This Notice

Without prejudice to We Get Limited’s commitment not to process data in ways other than those expressly authorized and/or requested by each User, this notice may be amended to comply with new legal provisions or We Get Limited’s updated dataprocessing policies. Each updated version of this notice will be made available on the Site in the dedicated section; We Get Limited therefore invites all Users to periodically consult the Site to stay informed of the latest version posted.