GENERAL TERMS AND CONDITIONS OF SALE

1. SCOPE OF APPLICATION

These General Terms and Conditions govern the commercial relationship between LIVE ON PLUS SRL (hereinafter the “Seller”) and purchasers acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity (hereinafter the “Buyer” or “Professional”).

These Terms and Conditions apply to all orders placed through the website www.liveonplus.it.

By submitting an order, the Buyer acknowledges full knowledge and unconditional acceptance of these General Terms and Conditions of Sale.

2. SELLER INFORMATION

LIVE ON PLUS SRL
Registered office: Via Sossio Russo 54 – 80027 Frattamaggiore (NA), Italy
VAT Number: IT 10606961216
REA: NA – 1118607
Phone: +39 0813998078
E-mail: amministrazione@liveonplus.it
Certified E-mail (PEC): liveonplussrl@pec.it

2 BIS. GEOGRAPHICAL AREA

The products marketed through the website www.liveonplus.it are intended for sale in Italy and in any other countries indicated as available during the purchase process.

The Seller reserves the right to refuse orders originating from areas that are not served or are subject to logistical, commercial, fiscal, or regulatory restrictions.

3. CONCLUSION OF THE CONTRACT

The information, content, catalogues, prices, and product descriptions displayed on the Website do not constitute an offer to the public, but merely an invitation to submit a purchase proposal.

The order submitted by the Buyer constitutes an irrevocable purchase offer.

The contract shall be deemed concluded exclusively upon the Seller’s issuance of the order confirmation.

The Seller reserves the right to refuse, suspend, or cancel orders for commercial, administrative, logistical, technical, anti-fraud, or risk-related reasons.

4. PRICES AND PAYMENTS

All prices published on the website www.liveonplus.it are expressed in Euro (€) and are either net of VAT or inclusive of VAT, as indicated in the product page or order summary.

Any shipping costs, ancillary charges, or additional applicable fees shall be indicated separately prior to completion of the order.

Payment must be made using the methods made available on the Website at the time of purchase.

In the event of payment by credit card, prepaid card, or other electronic payment instruments, the Buyer will be redirected to payment platforms managed by certified third-party providers operating through secure connections and security protocols compliant with industry standards.

The Seller shall neither access nor store payment instrument data.

The Seller reserves the right to:

• carry out anti-fraud checks on received orders;
• verify ownership of the payment instrument used;
• request additional documentation;
• temporarily suspend order processing;
• refuse or cancel orders deemed anomalous, suspicious, or fraudulent.

In the event of non-payment, partial payment, delayed payment, or abusive transaction disputes, the Seller may:

• suspend supplies;
• cancel pending orders;
• refuse future orders;
• charge default interest pursuant to Italian Legislative Decree no. 231/2002;
• request reimbursement of administrative, banking, and legal expenses incurred.

In the event of chargebacks, payment reversals, or manifestly unfounded disputes, the Seller reserves the right to provide payment providers, banks, or competent authorities with all documentation necessary to demonstrate the regularity of the transaction and delivery.

The Seller reserves the right to cancel orders resulting from IT errors, material mistakes, or evident anomalies relating to prices, descriptions, or product availability published on the Website.

The Buyer declares to use only payment instruments lawfully available to them.

5. RETENTION OF TITLE

Ownership of the products shall transfer to the Buyer only upon full payment of the purchase price, shipping costs, and any other amount due.

6. DELIVERY

Products are shipped through couriers selected by the Seller.

Any delivery times indicated on the Website or in the order confirmation are to be considered merely indicative and non-essential for the purposes of the contract.

Any delays in delivery shall not entitle the Buyer to:

• cancel the order;
• reject the goods;
• suspend payments;
• request compensation or penalties, unless otherwise agreed in writing.

Delivery may be evidenced by carrier tracking systems, electronic signature, geolocation, delivery photographs, or other equivalent systems used by the courier.

The risk of loss or damage to the products shall transfer to the Buyer upon delivery to the carrier or, if later, upon delivery to the address indicated by the Buyer.

In the event of failed delivery attributable to the Buyer, including incorrect address, unavailability, failure to collect, or unjustified refusal of the goods, the Seller may charge storage, return, and reshipment costs.

7. GOODS INSPECTION AND CLAIMS

The Buyer is required to inspect the products immediately upon delivery.

Any apparent defects, discrepancies, or quantity errors must be reported in writing within 8 (eight) days from delivery.

Any hidden defects must be reported within 8 (eight) days from discovery and in any case within the terms set forth under Article 1495 of the Italian Civil Code.

In the absence of a timely claim, the products shall be deemed definitively accepted.

8. B2B WARRANTY

The sale of products to Professional Buyers is governed by Articles 1490 et seq. of the Italian Civil Code.

The Seller guarantees exclusively that the products conform to the essential characteristics declared at the time of sale.

The Professional Buyer is required to inspect the received products immediately after delivery and in any case before their use, commercialization, or installation.

The warranty excludes:

• damage resulting from improper or non-compliant use;
• incorrect storage;
• normal wear and tear;
• tampering;
• unauthorized modifications;
• use not compliant with the manufacturer’s instructions;
• damage caused by transport, impacts, or external events occurring after delivery.

In the event of an ascertained defect, the Seller may, at its sole discretion:

• replace the product;
• repair the product;
• refund the price actually paid.

Any further compensation, indemnity, or liability for indirect damages, loss of profit, or commercial losses is expressly excluded.

9. LIMITATION OF LIABILITY

Except in cases of wilful misconduct or gross negligence, the Seller shall not be liable for:

• indirect damages;
• loss of profit;
• data loss;
• business interruption;
• commercial or reputational damages.

In any event, the Seller’s liability shall not exceed the value of the disputed order.

The Buyer assumes full responsibility for the subsequent commercialization, export, use, or distribution of the purchased products.

The Buyer acknowledges that the price of the products has also been determined taking into account these limitations of liability.

10. FORCE MAJEURE

The Seller shall not be held liable for delays or impossibility in performing its obligations resulting from events beyond its reasonable control.

Including, by way of example:

• natural disasters;
• fires;
• wars;
• strikes;
• transport blockages;
• Internet or power outages;
• courier unavailability;
• governmental measures;
• epidemics or pandemics.

In such cases, the Seller may suspend, delay, or cancel order fulfilment without liability towards the Buyer.

11. INTELLECTUAL PROPERTY

All content available on the website www.liveonplus.it, including texts, images, trademarks, logos, photographs, videos, graphic layouts, software, and multimedia content, is protected under national and international intellectual property and copyright laws.

Unless previously authorized in writing by the Seller, it is prohibited to:

• reproduce, distribute, or modify Website content;
• use the Seller’s trademarks, logos, or distinctive signs;
• carry out scraping or automated acquisition of Website content;
• use the Website or its content for unauthorized competitive or commercial purposes.

12. PRIVACY

Personal data processing is carried out in compliance with EU Regulation 2016/679 (“GDPR”) and applicable Italian legislation.

Complete information regarding personal data processing is available in the Privacy Policy published on the Website.

13. GOVERNING LAW AND EXCLUSIVE JURISDICTION

These General Terms and Conditions of Sale are governed by Italian law.

Any dispute concerning the interpretation, validity, performance, or termination of contracts concluded with Professionals shall fall under the exclusive jurisdiction of the Court of Naples, unless otherwise mandatorily provided by law.

13 BIS. AMENDMENTS TO THE TERMS

The Seller reserves the right to amend or update these General Terms and Conditions of Sale at any time.

Such amendments shall become effective from the date of publication on the Website and shall apply to orders placed thereafter.

Electronic records, IT logs, e-mails, tracking systems, automatic confirmations, and the Seller’s IT system records shall constitute full evidence of contractual relationships and transactions carried out, unless proven otherwise.

14. SPECIFIC APPROVAL OF UNFAIR TERMS

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Buyer specifically approves the following clauses:

• Art. 3 (Conclusion of the contract);
• Art. 4 (Prices and payments);
• Art. 5 (Retention of title);
• Art. 6 (Delivery);
• Art. 7 (Goods inspection and claims);
• Art. 8 (B2B Warranty);
• Art. 9 (Limitation of liability);
• Art. 10 (Force majeure);
• Art. 13 (Governing law and exclusive jurisdiction).