General conditions of sale

<h4>Introduction</h4>

This notice is provided for the website “https://gamable.com” (Site), owned by Perform Agency Srl, with registered office at Via Ottaviano P.co Parisi 147, San Gennaro Vesuviano (NA), 80040, Italy, VAT no. 09335071214, share capital of €10,000.00 (Seller).

<h3> Art. 1. Scope of application</h3>

1.1 Any sale made through the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), as well as by Italian Legislative Decree no. 70 of 9 April 2003 on electronic commerce.

1.2 These General Terms and Conditions of Sale apply to all sales made by the Seller through the Site. Any time limits indicated in these terms are expressed in working days, excluding Saturdays, Sundays and national holidays.

1.3 The Seller may amend these General Terms and Conditions of Sale at any time. Any amendments and/or new conditions will be effective from the time they are published on the Site. Users are therefore invited to consult the Site regularly and, in any case, to read the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hyperlinks. Before entering into commercial transactions with such parties, the user must check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by third parties. The Seller does not control or monitor the websites that may be accessed through such links and is therefore not responsible for their content, nor for any errors, omissions or breaches of law by such websites.

1.6 The user must carefully read these General Terms and Conditions of Sale and all other information provided by the Seller on the Site.

1.7 Submission of the purchase order constitutes acceptance of these General Terms and Conditions of Sale.

<h3> Art. 2. Purchases on the Site</h3>

2.1 Purchases on the Site may be made after registration and are allowed both for users acting as consumers and for users acting as professionals. Pursuant to Article 3, paragraph 1, letter a), of the Italian Consumer Code, a consumer is a natural person who acts for purposes unrelated to any business, commercial, craft or professional activity carried out. Pursuant to Article 3, paragraph 1, letter c), of the Italian Consumer Code, a professional is a natural or legal person acting in the course of their business, commercial, craft or professional activity, or an intermediary acting on their behalf.

2.2 The Seller reserves the right to refuse or cancel orders submitted:

<ul>

<li>by a user with whom the Seller has an ongoing legal dispute;</li>

<li>by a user who has previously breached these General Terms and Conditions of Sale;</li>

<li>by a user who has provided false, incomplete or inaccurate identification data, or who has failed to promptly send the documents requested by the Seller, or has sent invalid documents.</li>

</ul>

<h3> Art. 3. Registration on the Site</h3>

3.1 To register on the Site, the user must complete the relevant form by entering the following data:

<ul>

<li>first name;</li>

<li>email address;</li>

<li>password.</li>

</ul>

3.2 The user undertakes to immediately inform the Seller if they suspect or become aware of any improper use or unauthorised disclosure of the access credentials to the Site.

3.3 The registered user guarantees that the personal information provided is complete and true. The user also undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction arising from, or in any way connected with, breach of the rules on registration on the Site, failure to keep access credentials secure and/or the provision of false, incomplete or inaccurate personal data. The Seller’s right to disable the user’s account remains unaffected.

<h3> Art. 4. Information for the conclusion of the contract</h3>

4.1 In accordance with Italian Legislative Decree no. 70 of 9 April 2003 on electronic commerce, the Seller informs the user that:

<ul>

<li>to conclude a purchase contract on the Site, the user must complete an electronic order form and submit it to the Seller electronically, following the instructions displayed from time to time on the Site;</li>

<li>the contract is concluded when the order form reaches the Seller’s server;</li>

<li>once the order form has been received, the Seller will send an order confirmation to the email address provided by the user, containing information on the features of the purchase, the price, the payment method used, delivery costs and any additional costs.</li>

</ul>

<h3> Art. 5. Product availability</h3>

5.1 Products offered on the Site are available in limited quantities. It may therefore happen, including as a result of simultaneous purchases by several users, that the ordered Product is no longer available after the purchase order has been submitted.

5.2 The Site provides information on the availability of each Product.

5.3 If the ordered Product is unavailable, the user will be promptly informed. In this case, the user may terminate the purchase contract pursuant to and for the purposes of Article 61, paragraphs IV and V, of the Italian Consumer Code.

5.4 Alternatively, the user may accept:

<ul>

<li>where restocking is possible, a postponement of the delivery terms proposed by the Seller, with indication of the new expected delivery date;</li>

<li>where restocking is not possible, the supply of a different product of equivalent or higher value, subject to payment of any difference and the user’s express acceptance;</li>

<li>a discount voucher to be used for purchases on the Site. The amount of the voucher, the deadline for its use and any limitations will be communicated from time to time by the Seller.</li>

</ul>

5.5 If the user requests a refund for Products that have subsequently become unavailable, the Seller will make the refund within a maximum period of 10 days.

5.6 If the user exercises the right to terminate the contract under Article 61, paragraphs IV and V, of the Italian Consumer Code, the contract shall be deemed terminated. If the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional cost resulting from the order (Total Amount Due), has already been paid, the Seller will refund the Total Amount Due in accordance with the article “Payment methods”.

<h3> Art. 6. Product Information Sheet</h3>

6.1 Each Product is accompanied by an information page describing its main features (Product Information Sheet). Images and descriptions on the Site reproduce the characteristics of the Products as accurately as possible. However, Product colours may differ from the actual colours due to the settings of the devices or computer systems used by the user. Images in the Product Information Sheet may also differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and subject to normal usage tolerances.

<h3> Art. 7. Prices</h3>

7.1 All Product prices published on the Site are inclusive of Value Added Tax, where applicable.

7.2 The Seller reserves the right to change Product prices at any time and without prior notice. It is understood that the price charged to the user will be the price indicated on the Site at the time the order is submitted and that any subsequent price changes, whether increases or decreases, will not be taken into account.

7.3 Shipping costs, where applicable, are clearly and separately indicated in the order form before the user submits it.

<h3> Art. 8. Purchase orders</h3>

8.1 The Seller will ship the Products only after receiving confirmation of payment authorisation or receipt of the Total Amount Due. Ownership of the Products will pass to the user at the time of shipment, meaning delivery of the Product to the carrier. The risk of loss or damage to the Products, for causes not attributable to the Seller, will instead pass to the user when the user, or a third party appointed by the user other than the carrier, physically takes possession of the Products.

The service requested by the user will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submission of the order, it appears that the user has not paid all or part of the Total Amount Due.

8.2 The purchase contract is subject to termination if the Total Amount Due is not paid. Unless otherwise agreed in writing with the user, the order will be cancelled in the event of non-payment.

8.3 To submit a purchase order, the user must read and approve these General Terms and Conditions of Sale by selecting the relevant checkbox during the purchase process. Failure to accept the General Terms and Conditions of Sale makes it impossible to purchase on the Site.

<h3> Art. 9. Payment methods</h3>

9.1 The following payment methods are accepted on the Site:

<ul>

<li>payment card;</li>

<li>PayPal;</li>

<li>bank transfer.</li>

</ul>

9.2 The Seller accepts credit cards from the following circuits:

<ul>

<li>MasterCard (Cirrus Maestro);</li>

<li>American Express.</li>

</ul>

On the Site, the user may authorise the storage of the payment card data entered and its reuse for future purchases on the Site. The user may revoke this authorisation by following the instructions provided on the Site.

The charge will be made only after (i) the data of the payment card used have been verified and (ii) the card issuer has authorised the charge.

Confidential payment card data, such as card number, cardholder name, expiry date and security code, are encrypted and transmitted directly to the payment processor, without passing through the servers used by the Seller. The Seller therefore has no access to such data and does not store them, even if the user chooses to save them on the Site for future purchases.

The charge will be made when the order is submitted.

9.3 Purchases on the Site may also be made through PayPal. If the user selects PayPal as the payment method, they will be redirected to www.paypal.it, where they will make payment in accordance with PayPal’s procedure and with the terms and conditions agreed between the user and PayPal. The data entered on PayPal’s website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not in any way store the data of the payment card linked to the user’s PayPal account or any other payment instrument connected to that account.

In the event of payment through PayPal, the Total Amount Due will be charged by PayPal at the same time as the contract is concluded through the Site. In the event of termination of the purchase contract or in any other case of refund, the amount due will be credited to the user’s PayPal account. The timing of crediting to the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once the credit order has been issued in favour of the PayPal account, the Seller cannot be held responsible for any delays or omissions in crediting the refund; for any complaints, the user must contact PayPal directly. Any refund due under these General Terms and Conditions of Sale will be credited to the user’s PayPal account if the original payment was made through PayPal.

9.4 If the user chooses bank transfer as the payment method, the Seller, once the order has been received, will send the bank details and the payment deadline by email. The email may request that the user send the bank transfer receipt or confirmation that the transfer has been made.

In the event of payment by bank transfer, the delivery times indicated in the Product Information Sheet and/or on the Site will run from the date on which the Seller receives the bank transfer, not from the date on which the order is submitted.

Unless otherwise agreed, the Products will be shipped and services will be provided only after receipt of the Total Amount Due by bank transfer.

The user is invited to indicate the following information in the bank transfer reference:

<ul>

<li>the order reference number.</li>

</ul>

After submitting the order, the user must make payment within 10 working days. Failing this, the Seller reserves the right to cancel the order within the following 10 working days.

<h3> Art. 10. Delivery of Products</h3>

10.1 Products purchased on the Site are delivered throughout Italy, to part of Europe and to certain non-EU countries through Poste Italiane, BRT, DHL and UPS. The delivery obligation is fulfilled when the user, or a person appointed by the user, physically takes possession of the Product.

10.2 Shipping costs are borne by the user, unless otherwise indicated during the purchase process or in other pages of the Site. An additional cost may apply for certain destinations. For shipments outside the European Union, customs duties, taxes or other local charges may be applied when the parcel arrives. These costs are borne by the user and Gamable is not responsible for any customs charges or costs applied by the authorities of the destination country.

10.3 Unless different times are indicated in the Product Information Sheet, Products are delivered within 4 days from shipment of the order and, in any case, within thirty days from conclusion of the contract.

10.4 At the time of delivery, the user is invited to check the Product received. From the moment the user, or a person appointed by the user other than the carrier, receives the parcel, the risk of loss or damage passes to the user, unless the damage is attributable to the Seller. It is therefore advisable to check that the number of parcels is correct and that the packaging is intact, not damaged, not wet and not tampered with, including the sealing materials. In case of doubts or anomalies, the user may accept the parcel “with reservation”, noting the issue on the carrier’s document. If the packaging shows clear signs of tampering or alteration, the user is invited to promptly notify the Seller. The user’s rights regarding withdrawal, where applicable, and the legal guarantee of conformity remain unaffected.

<h3> Art. 11. Right of withdrawal</h3>

11.1 If the user purchases as a consumer, they have the right to withdraw from the Product purchase contract within 14 calendar days, without giving any reason and without incurring costs other than those indicated in this article (Withdrawal Period). The Withdrawal Period starts:

<li>in the case of an order for a single Product, from the day on which the user, or a person appointed by the user other than the carrier, receives the Product;</li>

<li>in the case of a Multiple Order with separate deliveries, from the day on which the user receives the last Product;</li>

<li>in the case of an order for a Product consisting of several lots or pieces, from the day on which the user receives the last lot or piece.</li>

</ol>

11.2 To exercise the right of withdrawal, the user must clearly and expressly inform the Seller of their decision before the Withdrawal Period expires.

11.3 As required by applicable law, the Site provides a dedicated withdrawal function, available throughout the Withdrawal Period:

<ul>

<li>if the user placed the order with an account, they may exercise the withdrawal from their personal area, in the dedicated section, or through the “Right of withdrawal” button in the footer of the Site;</li>

<li>if the user placed the order as a guest, they may use the “Right of withdrawal” button in the footer of the Site and follow the guest procedure, entering the order number and the email used for the purchase.</li>

</ul>

After submitting the request, the user will receive by email, therefore on a durable medium, confirmation of receipt of the withdrawal request, including date and time.

Alternatively, the user may communicate the withdrawal by any other explicit statement, for example by writing to <a href="mailto:info@gamable.com">info@gamable.com</a>. Since the burden of proof regarding the proper exercise of the right of withdrawal within the legal time limit lies with the user, it is recommended to use a traceable means of communication.

The withdrawal is validly exercised if the communication is sent before the Withdrawal Period expires.

11.4 After communicating the withdrawal, the user must return the Products without undue delay and, in any case, within 14 calendar days from the date on which they informed the Seller of their decision to withdraw (Return Deadline). The deadline is met if the user ships the Products before the 14-day period expires. The Product must be properly protected and packed and, where possible, returned in its original packaging; the original packaging is mandatory where serial numbers are printed on it. The return must be made, using a carrier chosen by the user and at the user’s expense, to the following address:

<ul>

<li>Perform Agency Srl Via Castelluccio 3 - 81030 Falciano del Massico (CE) - Italy</li>

</ul>

11.5 The direct costs of returning the Products and responsibility for their transport are borne by the user.

11.6 In the event of withdrawal, the Seller will refund the user the Total Amount Due, including delivery costs where applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller is informed of the user’s decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. Since the return is at the user’s expense, the Seller may withhold the refund until the Products have been received or until the user has provided proof of having shipped them, whichever occurs first.

11.7 The user is responsible for any reduction in value or damage to the Product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product. The user may therefore inspect the Product as they would in a shop, but must not use it beyond what is strictly necessary for such inspection. The Product must be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, working, with all accessories and instruction sheets, and with any tags, labels and single-use seals still attached, intact and not tampered with. Withdrawal applies to the Product as a whole and cannot be exercised only for parts or accessories of the Product.

11.8 If the returned Product has suffered a reduction in value due to use or handling exceeding what is necessary to establish its nature, characteristics and functioning, the Seller may deduct an amount equal to that reduction in value from the refund. The Seller will inform the user within 10 days of receiving the Product and, if the refund has already been made, will indicate how to pay the difference due.

11.9 If the withdrawal is not exercised in accordance with applicable law, the contract remains valid and the user is not entitled to any refund. In this case, the Seller will notify the refusal of the request within 10 working days from receipt of the Product. The Product will remain at the Seller’s premises available for collection by the user, at the user’s expense and under the user’s responsibility.

11.10 In the event of partial withdrawal from a Multiple Order, the amount of delivery costs to be refunded will be calculated in proportion to the value of the Product subject to withdrawal. For example, for an order totalling €200.00 consisting of two Products, one worth €50.00 and one worth €150.00, by returning the €150.00 Product the user will receive a refund of 75% of the delivery costs paid. In any case, the refund of delivery costs may never exceed the amount actually paid.

<h3> Art. 12. Legal Guarantee</h3>

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles 128 et seq. of the Italian Consumer Code (Legal Guarantee).

<h4> Who it applies to</h4>

The Legal Guarantee is reserved for consumers. It therefore applies only to users who have purchased on the Site for purposes unrelated to any business, commercial, craft or professional activity carried out.

<h4> When it applies</h4>

The Seller is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and becoming apparent within two years from delivery. The action to enforce defects not fraudulently concealed by the Seller is, in any case, time-barred after twenty-six months from delivery of the Product.

Unless proven otherwise, any lack of conformity that becomes apparent within one year from delivery of the Product is presumed to have already existed on that date, unless such presumption is incompatible with the nature of the Product or with the nature of the lack of conformity. After that period, the consumer will have to prove that the lack of conformity already existed at the time of delivery.

To benefit from the Legal Guarantee, the consumer must provide proof of the date of purchase and delivery of the goods. It is therefore advisable to keep the purchase invoice, order confirmation or any other document suitable to prove the purchase date and delivery date.

In the event of lack of conformity, the consumer has the right to have the goods brought into conformity, through repair or replacement, or, in the cases provided for by law, to a proportional price reduction or termination of the contract.

In the event of termination of the contract, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional cost. In the event of a price reduction, the Seller will refund the amount of the reduction previously agreed with the consumer. The refund or reduction will be credited to the payment method or payment solution used by the consumer for the purchase, unless otherwise agreed.

The Seller is not responsible for damage of any kind resulting from improper use of the Product, use not compliant with the instructions provided by the manufacturer, or from unforeseeable circumstances or force majeure.

If the user made the purchase as a professional within the meaning of the Italian Consumer Code, the preceding paragraphs of this article do not apply. Purchases made by professionals are subject to the guarantee provided for by Article 1490 of the Italian Civil Code.

<h3> Art. 13. Manufacturer’s conventional warranty</h3>

13.1 Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). This warranty may be enforced only against the manufacturer. Its duration, scope, including territorial scope, conditions, methods of use, types of damage or defects covered and any limitations depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, affect or exclude the Legal Guarantee.

<h3> Art. 14. Applicable law and competent court; out-of-court dispute resolution - Alternative Dispute Resolution</h3>

14.1 Purchase contracts concluded through the Site are governed by Italian law. For consumer users whose habitual residence is not in Italy, the application of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence remains unaffected.

14.2 In the case of a consumer user, any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale shall fall under the jurisdiction of the courts of the place where the user resides or has elected domicile. In the case of a professional user, any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale shall fall under the jurisdiction of the courts of the place where the Seller has its registered office.

14.3 Pursuant to Article 141-sexies, paragraph 3, of the Italian Consumer Code, the Seller informs users acting as consumers that, if they have submitted a complaint directly to the Seller and it has not been possible to resolve the resulting dispute, the Seller will provide information on the Alternative Dispute Resolution body or bodies competent for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale, specifying whether or not the Seller intends to use such bodies to resolve the dispute.

14.4 The Seller informs consumer users that the European online dispute resolution platform for consumers (ODR platform), previously established by the European Commission, has been discontinued as of 20 July 2025. Any protections and alternative dispute resolution procedures provided for by applicable law remain unaffected.

14.5 In any case, the consumer user’s right to bring proceedings before the competent ordinary court for any dispute arising from these General Terms and Conditions of Sale remains unaffected, regardless of the outcome of any out-of-court dispute resolution procedures relating to consumer relationships.

14.6 A user residing in a Member State of the European Union other than Italy may also access, for cross-border disputes relating to the application, performance and interpretation of these General Terms and Conditions of Sale, the European Small Claims Procedure established by Council Regulation (EC) no. 861/2007 of 11 July 2007, as subsequently amended, provided that the value of the claim does not exceed €5,000.00, excluding interest, rights and costs. The text of the regulation is available at www.eur-lex.europa.eu.

<h3> Art. 15. Customer service and complaints</h3>

Users may request information, send communications, request assistance or submit complaints by contacting the Seller as follows:

<ul>

<li>by completing and submitting the form available at the following link: “https://gamable.com/it/contattaci”;</li>

<li>by writing to the following email address: info@gamable.com.</li>

</ul>

The Seller will reply to complaints within 10 days of receipt.

<h3> Art. 16. Pre-orders</h3>

Through the “Pre-order” service, the Customer may reserve in advance a copy of the chosen Product, in view of its release or arrival on the market, often at a discounted price compared with the subsequent sale price.

The date on which the Product is expected to arrive in stock is always indicative and may vary for reasons not attributable to the Seller.

The delivery times for pre-ordered Products are therefore indicative and may be subject to changes or delays, without this giving rise to liability for Perform Agency Srl, except as provided by applicable law.

Before confirming payment, the Customer will be shown a summary containing the unit price of each selected Product, the total price in the event of purchase and/or reservation of multiple Products and the related shipping costs, where applicable.

At the end of the payment transaction, the order will be forwarded to the dedicated department and the Customer will receive an email confirmation with the order details, total amount, main information relating to the transaction and, where available, the next steps.

For Pre-orders, one of the following may be required:

<ul>

<li>advance payment of the full Product amount;</li>

<li>partial payment of the amount, with the balance to be paid upon receipt of the email confirming that the Product has arrived in stock;</li>

<li>no advance payment, with the full amount to be paid upon receipt of the email confirming that the Product has arrived in stock.</li>

</ul>

In the cases indicated under numbers “2” and “3”, the Customer undertakes to pay the remaining amount (balance) upon receipt of the email confirming that the goods have arrived in stock. If payment is not made within 5 days from receipt of that email, the pre-order will be deemed cancelled.

Given the high demand for pre-ordered Products and the possible presence of factors outside the Seller’s control in the supply process, especially for the most requested items, it is not always possible to guarantee that orders received will be fulfilled in full. In such case, the Customer will be refunded, depending on the case, either the full amount paid or the deposit paid for the pre-order, without this giving rise to any liability of any kind for Perform Agency Srl, except as provided by applicable law.

<h3> Art. 17. Conditions of Used or Second Choice products</h3>

All Products indicated on the Site as “Used” or “Second Choice” are carefully checked by Perform Agency Srl when they arrive in stock. Perform Agency Srl also undertakes to indicate, when the Product is uploaded to Gamable.com, any particular features, defects or signs of use as accurately as possible.

By purchasing a Product indicated as “Used” or “Second Choice”, the Customer acknowledges and accepts that the Product received may not be in like-new condition and may therefore have scratches, dents, signs of use or other defects indicated in the relevant description. For Products indicated as “Used” or “Second Choice”, the Legal Guarantee lasts 1 year, within the limits permitted by applicable law.

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