GENERAL TERMS AND CONDITIONS OF SALE

Last updated: 27/05/2026

These General Terms and Conditions of Sale (also referred to below as the “Terms”) govern the purchase of products by distance selling through the e-commerce website www.cactusforyou.com (the “Website”), owned by:

CACTUS FOR YOU S.R.L.

Registered office: Via Fausto Melotti, 2 - 20138 Milan (MI) - Italy

VAT number / Tax code: 02694350220

REA registration number: MI-2704750

Share capital: €10,000, fully paid up

Certified email (PEC): cactusforyou-srl@legalmail.it

Email: info@cactusforyou.com

These Terms have been drawn up in accordance with Italian and European legislation on e-commerce, distance selling and consumer protection, in particular:

     Italian Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”), as amended by Legislative Decree No. 170 of 4 November 2021, implementing Directive (EU) 2019/771;

          Italian Legislative Decree No. 70 of 9 April 2003 on e-commerce;

          Regulation (EU) 2016/679 (the “GDPR”) and Italian Legislative Decree No. 196/2003, as subsequently amended.

1. SCOPE

These General Terms govern the online sale of products marketed by CACTUS FOR YOU S.R.L. (also referred to below as the “Seller”) through the Website www.cactusforyou.com.

The products are intended both for customers who are consumers (individuals acting for purposes outside their trade, business, craft or profession, as defined in Article 3(a) of the Consumer Code) and for business customers (referred to below as “B2B Customers”).

To place an order, the Customer must be of legal age (18 or over) and have the legal capacity to enter into contracts.

2. PRE-CONTRACTUAL INFORMATION AND ACCEPTANCE

Before placing an order, and in accordance with Articles 49 and 51 of the Consumer Code, the Customer receives all essential pre-contractual information through the Website, including: the product's main characteristics, the Seller's identity and contact details, the total price including taxes, delivery charges, payment and delivery methods, the conditions for exercising the right of withdrawal and the standard withdrawal form, and the existence of the statutory guarantee of conformity.

The order confirmation button clearly and legibly displays the wording “order with an obligation to pay” (or an equivalent phrase), in accordance with Article 51(2) of the Consumer Code.

By placing an order on the Website, the Customer confirms that they have read, understood and accepted these General Terms and Conditions of Sale in full.

CACTUS FOR YOU S.R.L. reserves the right to amend these Terms. Changes apply only to orders placed after their publication on the Website and have no effect on orders already confirmed. The Seller will give registered Customers adequate advance notice of substantial changes.

3. PRICES

All prices published on the Website are in euros (€) and include VAT and any other applicable taxes.

Shipping costs are shown separately during checkout, before the order is finally confirmed, and must be expressly accepted by the Customer.

CACTUS FOR YOU S.R.L. reserves the right to change prices at any time. Price changes will not affect orders already confirmed.

4. ORDERING AND FORMATION OF THE CONTRACT

The purchase contract is concluded when the Customer receives the order confirmation email sent by the Seller to the email address provided during registration or checkout.

CACTUS FOR YOU S.R.L. reserves the right to refuse or cancel orders, promptly informing the Customer, in the following cases:

·       products are unavailable;

·       the information provided by the Customer is incomplete, incorrect or manifestly untrue;

·       there are reasonable grounds to suspect fraudulent activity or misuse of the Website;

·       payment is missing or irregular.

If an order is cancelled, the Customer will receive a full refund of any amounts already paid within 14 days of notification, using the same payment method used for the purchase.

5. PAYMENT METHODS

The Customer may pay using the methods available on the Website at the time of purchase, which may include:

·       major credit and debit cards;

·       PayPal;

·       Apple Pay / Google Pay;

·       bank transfer;

·       payment in instalments with Scalapay (see Section 6).

Online payments are processed over secure connections managed directly by authorised providers. CACTUS FOR YOU S.R.L. does not store or have access to the full details of the payment instruments used by the Customer.

6. PAYMENT IN INSTALMENTS WITH SCALAPAY

If the Customer chooses to pay with Scalapay, they will receive the product immediately and pay the price in instalments under the financial and contractual terms published by Scalapay.

The Customer acknowledges and agrees that the payment receivables will be assigned to Incremento SPV S.r.l., its related entities and their authorised assignees.

7. SHIPPING AND DELIVERY

Orders are shipped by carriers selected by CACTUS FOR YOU S.R.L.

Estimated delivery times, starting from confirmation of the order and receipt of payment, are:

·       1-3 working days for northern and central Italy;

·       up to 5-7 working days for southern Italy and the islands.

Under Article 61 of the Consumer Code, delivery will in all cases take place without undue delay and no later than 30 days after the contract is concluded, unless otherwise agreed with the Customer. If delivery is not made within this period, a consumer Customer may ask the Seller to deliver within an appropriate additional period. If the Seller still fails to deliver, the consumer has the right to terminate the contract and obtain a refund of the amounts paid.

CACTUS FOR YOU S.R.L. will not be liable for delays caused by force majeure or exceptional events beyond the Seller's control, without prejudice to the consumer's mandatory statutory rights.

Under Article 63 of the Consumer Code, the risk of loss of or damage to the goods passes to the consumer Customer only when the Customer, or a third party designated by them other than the carrier, takes physical possession of the goods.

On delivery, the Customer is asked to check that the packaging is intact and the products received are correct, and to promptly report any obvious issues to customer service. This does not affect the consumer's right to rely on the statutory guarantee of conformity or any other rights provided by law.

8. RIGHT OF WITHDRAWAL

Under Articles 52 et seq. of the Consumer Code, a consumer Customer has the right to withdraw from the contract without any penalty and without giving a reason, within 14 (fourteen) days of the date on which the Customer, or a third party designated by them other than the carrier, takes physical possession of the goods.

To exercise the right of withdrawal, the Customer:

must use the dedicated returns procedure available through the button on the RIGHT OF WITHDRAWAL PAGE

To start a request, the Customer must click the button on the RIGHT OF WITHDRAWAL PAGE and enter the order number and the postcode associated with the purchase. They will then be guided through a procedure that allows them to:

• state the reason for the return;
• choose an available refund or compensation option, such as store credit or an exchange, where applicable;
• select the carrier for returning the product;
• complete and submit the return request.

The request submitted through the online procedure constitutes an explicit statement of the Customer's intention to exercise the right of withdrawal under the applicable legislation.

The Customer must return the products intact and without having used them beyond what is necessary to establish their nature, characteristics and functioning, within 14 (fourteen) days of purchase.

The Customer bears the direct cost of returning the goods, at a charge of €7, unless otherwise specified by the Seller.

The refund, including the price of the goods and standard delivery costs, will be made within 14 days of receipt of the return, using the same payment method used by the Customer, unless otherwise agreed. Any additional costs resulting from the Customer's choice of a delivery method other than the standard option offered by the Seller are not refundable.

9. EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL

Under Article 59 of the Consumer Code, the right of withdrawal is excluded, among other cases, for:

·       sealed goods that are not suitable for return for reasons of hygiene or health protection if they have been unsealed after delivery;

·       goods that are liable to deteriorate or expire rapidly;

·       goods which, after delivery, are by their nature inseparably mixed with other goods.

Simply opening the outer packaging or examining the product to the extent necessary to establish its nature, characteristics and functioning does not result in the loss of the right of withdrawal.

10. STATUTORY GUARANTEE OF CONFORMITY

Consumer Customers benefit from the statutory guarantee of conformity provided by Articles 128 et seq. of the Consumer Code, as amended by Legislative Decree No. 170/2021 implementing Directive (EU) 2019/771.

The Seller is liable to the consumer for any lack of conformity that exists when the goods are delivered and becomes apparent within 24 months of that date. Unless proved otherwise, a lack of conformity that becomes apparent within 12 months of delivery is presumed to have existed at the time of delivery.

If there is a lack of conformity, the consumer is entitled, in accordance with the order and remedies set out in Articles 135-bis et seq. of the Consumer Code, to have the goods brought into conformity through repair or replacement, to a proportionate price reduction, or to termination of the contract.

Purchases made by B2B Customers are subject to the provisions of the Italian Civil Code on sales (Articles 1490 et seq.). Defects must be reported within 8 days of discovery, and legal action is time-barred after 1 year from delivery, unless otherwise agreed in writing.

11. LIABILITY

CACTUS FOR YOU S.R.L. will not be liable for delays or failure to perform its obligations resulting from force majeure or events beyond its reasonable control.

This does not affect any liability towards consumers that cannot be excluded by law, including liability for damage caused by defective products under Articles 114 et seq. of the Consumer Code.

12. LOYALTY PROGRAMMES, POINTS AND CASHBACK

Any loyalty programmes, points schemes, cashback, coupons or promotions are governed by the specific terms published on the Website at the time of enrolment.

CACTUS FOR YOU S.R.L. reserves the right to change, suspend or withdraw these programmes at any time for commercial, technical or regulatory reasons, informing participants and without prejudice to rights already accrued.

Unless otherwise stated:

·       points have no monetary value;

·       they cannot be converted into cash;

·       they cannot be transferred to third parties.

13. INTELLECTUAL PROPERTY

All content on the Website, including trademarks, images, text, logos, graphics, designs and code, is the exclusive property of CACTUS FOR YOU S.R.L. or the respective rights holders and is protected by applicable intellectual and industrial property laws.

Any reproduction, including partial reproduction, communication to the public, modification or commercial use is prohibited without the rights holder's prior written authorisation.

14. PRIVACY AND PERSONAL DATA PROTECTION

Customers' personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR), Italian Legislative Decree No. 196/2003, as subsequently amended, and applicable Italian legislation.

For further information about the purposes and legal bases of processing, recipients and data subjects' rights, please refer to the Privacy Policy available on the Website.

15. GOVERNING LAW AND JURISDICTION

These General Terms are governed by Italian law.

For consumer Customers, without prejudice to their right to bring proceedings before the court of their place of residence or domicile in Italy (consumer jurisdiction under Article 66-bis of the Consumer Code), the mandatory consumer protection provisions of the country in which the consumer is habitually resident remain applicable, under Regulation (EU) No. 1215/2012 (“Brussels I Recast”) and Regulation (EC) No. 593/2008 (“Rome I”).

For B2B Customers, the Court of Milan has exclusive jurisdiction over any dispute.

16. ALTERNATIVE AND ONLINE DISPUTE RESOLUTION

In the event of a dispute, a consumer Customer may use the alternative dispute resolution (ADR) mechanisms provided for in Articles 141 et seq. of the Consumer Code.

Please note that the European Commission discontinued the European ODR platform with effect from 20 July 2025. For more information and to identify the competent ADR body, the Customer may consult the website of the Italian Ministry of Enterprises and Made in Italy: www.mimit.gov.it.

Using ADR procedures does not affect the consumer's right to bring proceedings before the competent court.