Terms of Service

TERMS AND CONDITIONS OF SALE

PART I — GENERAL INFORMATION

Art. 1 - Seller Identity and Contact Details

1.1 These terms and conditions of sale are issued by Xplored S.r.l. (VAT No. 01783080995), represented by its Sole Director and legal representative, Dr. Davide Garofalo, with registered office in Genoa (GE), Via San Vincenzo 79/2B, registered with the Genoa Register of Companies under R.E.A. No. GE - 435389.

1.2 The User may contact Xplored through the following channels: ordinary email at [email protected]; certified email (P.E.C.) at [email protected]; telephone at +39 207378; website at www.xplored.com.

Art. 2 - Definitions

2.1 In addition to the definitions set out in the body of individual articles, for the purposes of the T&C the following terms shall have the meanings below:

  • a) T&C: these terms and conditions of sale issued by Xplored S.r.l. and applicable within the scope set out in Art. 3 below;
  • b) Xplored: Xplored S.r.l. (VAT No. 01783080995), represented by its Sole Director and legal representative, Dr. Davide Garofalo, with registered office in Genoa (GE), Via San Vincenzo 79/2B, registered with the Genoa Register of Companies under R.E.A. No. GE – 435389;
  • c) Website: the set of web pages, content, texts, images, databases and source code accessible and viewable online at teburu.com, including any subdomains and subsequent developments or updates of the platform;
  • d) Store: the e-commerce page of the Website, accessible at teburu.com/shop/, through the technology platform of Shopify International Limited;
  • e) Shopify: the technology platform of Shopify International Limited, based in Ireland, which provides Xplored with e-commerce services, catalogue management, payment processing and Customer account management;
  • f) User: any natural person who visits and browses the Website without making a purchase; the User may be registered or not registered on the Website, depending on the choice made pursuant to Art. 4;
  • g) Customer: a User who makes a purchase through the Store for purposes unrelated to their professional, commercial, craft or entrepreneurial activity; the Customer may be registered or not registered on the Website, depending on the choice made pursuant to Art. 4;
  • h) Product: the product marketed by Xplored, consisting of the board game and its physical accessories (including dice, tiles, maps, tokens, miniatures, the game board and any other physical element) and the related electronic components (such as, by way of example, electronic and magnetic modules, RFID tags and rechargeable batteries);
  • i) Game App: the application, where available, associated with the Product and developed by Xplored, which the Customer may download free of charge to their own device;
  • j) App General Terms: the general terms of use of the Game App, set out in a document separate from these T&C and published in the restricted area of the App itself or in a dedicated area of the Website;
  • k) Order: the purchase offer submitted by the Customer through the Store by confirming the cart and clicking the button referred to in Art. 8 below;
  • l) Contract: the sales contract concluded between Xplored and the Customer upon Xplored's acceptance of the Order, formalised by sending the order confirmation;
  • m) Fulfillment Provider: the third-party logistics partner appointed by Xplored to handle the physical management of orders, the preparation of parcels and their handover to the courier, with responsibility determined by geographic area as indicated in Art. 11 below;
  • n) Courier: the third-party carrier appointed by the Fulfillment Provider to deliver the product to the address indicated by the Customer;
  • o) Processing Time: the period between order confirmation and the Courier taking charge of the parcel;
  • p) Delivery Time: the period between the Courier taking charge of the parcel and its delivery to the Customer;
  • q) ADR: Alternative Dispute Resolution – instruments aimed at resolving disputes that may arise between the Customer (as a consumer) and Xplored in relation to the Contract, without the need to resort to ordinary courts. These are out-of-court procedures specifically designed for consumer relationships;
  • r) Business Day: any day of the week from Monday to Friday, excluding national public holidays in the country of the competent Fulfillment Provider.

2.2 The terms and definitions set out in paragraph 2.1 above have the same meaning whether used in the singular or the plural.

Art. 3 - Scope of Application and Coordination with the Game App General Terms

3.1 These T&C exclusively govern the purchase and sale of Products through the Store, in accordance with the process described in Art. 8 below, and apply to all orders placed by the Customer through the Store.

3.2 These T&C apply exclusively to relationships between Xplored and Users who are consumers, meaning natural persons who purchase products for purposes unrelated to their professional, commercial, craft or entrepreneurial activity. At launch, the Store is exclusively B2C; any future developments of the Store and/or individual relationships with business customers shall be governed by separate terms.

3.3 Use of the Game App is governed by the App General Terms, set out in a separate document. In the event of a conflict between these T&C and the App General Terms, the T&C shall prevail with respect to the purchase and sale of products, and the App General Terms shall prevail with respect to the use of the Game App.

3.4 The processing of the User's personal data in connection with use of the Website is governed by the Privacy Policy and the Cookie Policy, both published on teburu.com and accessible from the Website footer. This is without prejudice to the provisions of Arts. 8.B) and 11 regarding the processing of personal data carried out by Xplored's business partners and Fulfillment Providers, who are appointed as processors pursuant to Art. 28 of Regulation (EU) 2016/679.

3.5 The current version of these T&C is permanently published on the Website and may be freely consulted by the User at any time without the need for authentication, including via the link in the footer of every page of the Website.

3.6 Submitting an order through the Store constitutes full acceptance of these T&C in the version published at the time the Customer submits the order.

PART II — WEBSITE REGISTRATION AND USER PERSONAL ACCOUNT

Art. 4 - Use of the Website, User Registration and Creation of a Personal Account

4.A) Use of the Website. General Information

4.1 Browsing and use of the Website, including the Store area, may take place with or without User registration: registration is not mandatory either to visit the Website or to make a purchase through the Store.

4.2 The processing of the User's personal data is governed by the Privacy Policy and the Cookie Policy, accessible from the Website footer.

4.B) Website Registration and Creation of the User's Personal Account

4.3 The minimum age required to register on the Website is 18+ years.

4.4 To register on the Website, the User may alternatively:

  • a) complete the registration form by entering the following data: nickname, email address and login password; at their discretion, and solely to complete their profile, the User may also enter, either at registration or afterwards, their first name, surname, place of residence and date of birth in the dedicated form;
  • b) use their Google or Apple account, it being understood that in such cases authentication will be handled by the relevant provider. A User who chooses this option is not required to create a dedicated password to access their restricted area of the Website and may log in using their Google/Apple account and the authentication systems associated with it, and also through the email address provided by Google/Apple. A User who chooses to register on the Website through their Apple account may also choose to use their anonymous relay email address.

4.5 Once registration on the Website is completed, the User receives an account confirmation link at the email address entered in the registration form or associated with their Google/Apple account. This link is valid for 30 (thirty) minutes. If the User has not completed the process by the end of the validity period, the personal account is not created and, in order to register, the User must repeat the procedure described in paragraph 4.4 above.

4.6 Once the account is confirmed, the User may access their personal area by authenticating with the email address entered in the registration form or associated with their Google/Apple account together with the relevant password or, where available, by requesting and then entering a numeric code, which Xplored sends to the same email address and which is valid for 10 (ten) minutes.

4.C) Rights and Obligations of the Registered User

4.7 The User is required to provide truthful, up-to-date and complete data. Providing false data, or data relating to third parties without authorisation, entails the User's sole liability for any resulting consequences. The processing of personal data provided at registration is governed by the Privacy Policy published on teburu.com, which the User is required to read before registering.

4.8 A User who has registered on the Website is required to keep their login credentials confidential and not to disclose them to third parties.

4.9 The User is responsible for all activities carried out through their account. In the event of unauthorised access or loss of credentials, the User must inform Xplored without delay through the customer service channel referred to in Art. 21 below and must change their password using the dedicated function in the personal area.

4.10 The User may request deletion of their account at any time, in the manner set out in the Privacy Policy published on teburu.com. Deletion of the account entails, among other things, loss of access to the functions referred to in paragraph 8.3 below, and the cessation of the processing of personal data for purposes connected with the account. In accordance with paragraph 17.3 of Regulation (EU) 679/2016, even where the User exercises the right to erasure, Xplored reserves the right to retain and, where applicable, process the User's personal data to the extent necessary for compliance with a legal obligation to which Xplored is subject, as well as for the establishment, exercise or defence of legal claims in court. Furthermore, the processing of personal data that has in the meantime been anonymised is unaffected, in particular for statistical purposes and for the improvement of the Products, as described in more detail in the Privacy Policy published on teburu.com.

4.11 Xplored reserves the right to suspend or disable the account of a User who has registered on the Website where the User has provided false data and/or uses the account in breach of these T&C or applicable law and/or engages in fraudulent conduct or conduct that infringes the rights of third parties in connection with the Website. In such cases, Xplored shall inform the User as soon as possible, stating the reasons for the suspension or deactivation and the means of contesting it through the dedicated service (Art. 21).

PART III — CATALOGUE, PRICES AND PRODUCT AVAILABILITY

Art. 5 - Catalogue and Product Features

5.1 Products and accessories are available for purchase on the Store.

5.2 Certain components of the Product, which is intended for users over 14 years of age, contain small parts. It is therefore recommended to keep the Product out of the reach of children under 3 years of age, to avoid the risk of choking.

5.3 Without prejudice to paragraph 5.2, in order to avoid harm to persons, animals and/or property, the Customer is required to read carefully, comply with .

5.4 Each Product available on the Store is described in the relevant product page, which is also published in the "Game" section of the Website, indicating the main features of its physical and digital components.

5.5 The following accessories may also be purchased separately on the Store: dice, LED ring, electronic board, charger.

5.6 The Product consists of physical components and digital components that are inseparable from one another. Physical possession of the purchased Product is an essential condition for use of the digital component.

5.7 The minimum technical requirements for use of the digital component vary depending on the Product and its updates. Information on such requirements is contained in a document separate from these T&C, published on the Website alongside the relevant product page.

5.8 Xplored shall provide corrective, technical and security updates for the digital component. For details of the update obligations, reference is made to Art. 20.B) below.

5.9 Product images published on the Website are for illustrative purposes only. The Product delivered to the Customer may differ in visual appearance from that depicted, in compliance with the technical specifications stated in the product page.

5.10 Xplored reserves the right to modify the product catalogue at any time by adding, removing or updating the products available on the Store. Changes do not apply to orders that have already been confirmed.

Art. 6 - Product Prices, Taxes and Currencies

6.1 Product prices are expressed in Euro, US Dollars (USD) and Canadian Dollars (CAD), according to the currency of the Website used by the Customer.

6.2 For purchases made in Euro, the prices displayed on the Website include VAT.

6.3 For purchases made in USD, the prices displayed are the same in all US States. Any applicable sales tax varies according to the State of destination and is calculated and added to the order total at checkout, before the purchase is confirmed.

6.4 The prices displayed do not include shipping costs, which are calculated and indicated separately based on the weight, volume and destination country of the product, and are shown to the Customer in the order summary before confirmation. Xplored applies no price surcharge by reason of the payment method chosen by the Customer.

6.5 Product prices may be changed by Xplored at any time. Price changes do not apply to orders already confirmed before they take effect.

6.6 In the event of a manifest error in the price published on the Store, Xplored reserves the right not to accept the order and to promptly inform the Customer, who may then decide whether to confirm the purchase at the correct price or withdraw from it at no cost.

6.7 Xplored reserves the right to offer the Customer a personalised purchase price, based on an analysis of the consumption preferences previously expressed by the Customer, pursuant to Art. 49, first paragraph, letter e-bis) of Italian Legislative Decree No. 206/2005 and subject to compliance with Art. 22 of Regulation (EU) No. 679/2016.

Art. 7 - Product Availability

7.1 Product availability shown on the Store is updated in real time but does not constitute a guarantee of availability until Xplored confirms the order.

7.2 Products marked as "available for immediate delivery" are ready to be prepared and shipped within the times indicated in Art. 12 below. If, following order confirmation, a product marked as "available for immediate delivery" turns out to be out of stock, Xplored shall inform the Customer as soon as possible and shall refund the full amount paid within 14 days, without prejudice to the possibility of agreeing an alternative solution.

7.3 Products marked as "available in 30-40 days" are available for purchase in advance of the availability date. The estimated availability date is indicated in the relevant product page and is indicative only. In any event, payment for the Product must be made at the time of purchase.

7.4 In the event of a change to the estimated availability date of the Products referred to in paragraph 7.3 above, Xplored shall inform the Customer as soon as possible at the email address provided when the order was placed.

7.5 If any of the Products referred to in paragraph 7.3 above does not become available within a reasonable time, or in the event of definitive unavailability, Xplored shall notify the Customer, who shall be entitled to receive a full refund of the amount paid within 14 days of the notification or, alternatively, to choose an alternative Product of equal value by agreement with Xplored.

7.6 Products marked as "sold out" cannot be purchased.

PART IV — PURCHASE PROCESS

Art. 8 - Order Flow and Contractual Arrangements Between Commercial Partners

8.A) Access to the Store

8.1 The minimum age required to make purchases on the Store is 18+ years.

8.2 The Customer may also purchase as a guest ("guest checkout"), providing only the data necessary to fulfil the order, without registering on the Website and therefore without having an account. Registration nevertheless provides access to the functions reserved for registered Customers referred to in paragraph 8.3 below.

8.3 A Customer who has registered on the Website, in the manner set out in Art. 4.B) above, may access the following functions through their personal area: viewing the history of orders placed through the Store; managing their personal data; managing their commercial communication preferences; and the electronic withdrawal function pursuant to paragraph 17.1 below.

8.B) Order Flow

8.4 The purchase process through the Store is divided into the following stages, some of which take place in the Teburu environment and others on the Shopify platform: selection of the Product and addition to the cart; entry of shipping details; selection of the payment method; display of the order summary showing the selected products, quantities, unit prices, shipping costs, applicable taxes and total amount; and submission of the order confirmation using the button referred to in paragraph 8.5 below.

8.5 While browsing the Store, the Customer views product pages and adds products to the cart.

8.6 Subsequently, on proceeding to checkout, the Customer is redirected to the Shopify environment dedicated to order and payment processing; such redirection results in Shopify's own general terms and policies, accessible at www.shopify.com, becoming applicable to the Customer;

8.7 In the Shopify environment, the Customer is required to enter the data necessary for shipping the Product (first name, surname, email address, shipping and billing address) and to select the chosen payment method (entering the transaction details) and, finally, may view the order summary.

8.8 Before confirming the order, the Customer may review and correct the data entered, including the products in the cart, quantities, shipping details and payment method. After confirmation, any changes or cancellations of the order may be requested by contacting customer service, as referred to in Art. 21 below, subject to the processing status of the order.

8.9 The Customer confirms the order by clicking the "Pay Now" button: by clicking this button, the Customer expressly acknowledges that the order entails an obligation to pay the total amount shown in the summary.

8.10 The Contract is concluded when the Customer receives the order confirmation that Xplored sends to the email address provided at the time of purchase. The order confirmation contains a summary of the products ordered, the total amount, the shipping details and the order number, and constitutes Xplored's acceptance of the Customer's offer. The concluded Contract is archived by Xplored; the Customer may access their order history through their personal area on the Store. It is specified, however, that order history, shipment tracking and the functions of the personal area are managed in the Shopify environment: the availability of such functions therefore depends on the operational continuity of the Shopify platform.

8.11 Payment by the Customer is processed through Shopify Payments, in accordance with Arts. 9 and 10 of these T&C.

8.12 Order processing times and Product delivery times are governed by Part V below.

8.13 The technical stages described in this article, as well as the methods of archiving the Contract and the tools for correcting data entry errors, are also available in the FAQ section of the Store.

8.C) Order Cancellation

8.14 Until the order has been processed, the Customer may cancel it by accessing the dedicated area of the Store and selecting the "Cancel items" option.

8.15 Upon receipt of the request, Xplored confirms the cancellation to the Customer by sending an email to the address provided by the Customer at the time of purchase.

8.D) Contractual Arrangements Between Commercial Partners

8.16 The personal data that the Customer enters at the stage referred to in paragraph 8.4 above, together with the privacy and cookie preferences expressed at that same stage and any information about the Customer's device collected following the expression of such preferences, are processed by Shopify in its capacity as Xplored's data processor, except in the cases referred to in paragraph 8.13 below.

8.17 Conversely, Shopify acts as an independent data controller of the Customer's personal data, independently of Xplored, whenever it processes the Customer's personal data outside the limits of its contractual arrangements with Xplored and the related appointment as external data processor. Outside of those cases, Shopify acts as an independent data controller:

  • a) when the Customer uses Shop Pay as the payment method;
  • b) in relation to Shopify's "Enhanced Services", which serve to improve the Customer's personalised experience on the Store.

The rules governing such processing are available on the website www.shopify.com.

8.18 Transfers of personal data to Shopify relating to Customers resident in the European Economic Area, the United Kingdom and Switzerland take place in compliance with the safeguards provided for by Regulation (EU) 2016/679 (GDPR), through Shopify's Binding Corporate Rules or the 2021 Standard Contractual Clauses. The competent supervisory authority for the processing carried out by Shopify is the Irish Data Protection Commission.

8.19 Shopify's terms of service, data processing addendum and the updated list of Shopify's sub-processors are accessible at www.shopify.com. Placing an order through the Store entails acceptance of the use of the Shopify infrastructure in the manner described in this article.

Art. 9 - Payment Methods

9.1 Payments made through the Store are handled by Shopify Payments for the benefit of Xplored.

9.2 The accepted payment methods are as follows: Shop Pay, a service for which Shopify acts as an independent data controller of the Customer's personal data; Visa; Mastercard; American Express; Maestro; UnionPay; Apple Pay; Google Pay.

9.3 Payment is charged at the time the order is confirmed.

9.4 All transactions made through the Store are protected by the SSL encryption protocol. Xplored does not retain the Customer's payment card details: such data is handled directly by the Shopify Payments system in compliance with PCI DSS security standards.

9.5 Xplored applies no price surcharge by reason of the payment method chosen.

9.6 If payment is not authorised by the issuing institution, the order will not be accepted and the Customer will be informed accordingly. Xplored is not liable for failed payments attributable to technical problems of the issuing institution or of the provider of the payment method chosen by the Customer.

Art. 10 - Tax Document

10.1 At the time of purchase, Shopify generates a receipt for the payment made by the Customer, which it sends to the address provided at purchase.

PART V — SHIPPING AND DELIVERY

Art. 11 - Fulfillment Providers and Geographic Areas Served by the Store

11.1 Xplored uses Fulfillment Providers for the physical management of orders, the preparation of parcels and their handover to the courier.

11.2 Within the logistics chain, the integration apps with the Fulfillment Providers (SGG Integration and Quartermaster Sync) technically access certain Customer data, including geolocation information, IP address, browser and operating system, through the Shopify API scopes required for the integration. Xplored has verified with both partners that such data is neither used nor retained in the normal fulfilment process. For details on the processing of such data, reference is made to the Privacy Policy published on teburu.com.

11.3 At the launch of the Website, the competent Fulfillment Providers by geographic area are as follows: Spiral Galaxy Games Ltd ("SGG") for the European Union, the United Kingdom and the Rest of the World; Quarter Master Logistics ("QML") for the United States of America and Canada; Aetherworks for Australia.

11.4 At the launch of the Website, the Store does not serve markets not indicated in paragraph 11.3 above. Xplored reserves the right to extend or reduce the geographic areas based on its production, strategic and commercial needs. Users are therefore required to check the Website for updates.

11.5 To fulfil the order, Xplored transmits to the competent Fulfillment Provider only the Customer data strictly necessary for delivery, namely first name and surname, email address, telephone number, shipping address and order contents. For details on the processing of the Customer's personal data within the logistics chain, reference is made to the Privacy Policy published on teburu.com.

11.6 The Customer is not required to contact the Fulfillment Provider or the Courier directly regarding any issue relating to the order. The sole point of contact for the Customer is customer service, which can be reached in the manner indicated in Art. 21 below.

Art. 12 - Processing Time and Delivery Time

12.1 Xplored undertakes to deliver the Products ordered through the Store within 30 (thirty) days from the date on which the Contract is concluded, in accordance with Art. 61 of Italian Legislative Decree No. 206/2005, unless a different period is expressly agreed with the Customer at the time of the order.

12.2 The estimated Processing and Delivery Times by geographic area indicated in this article serve as a contractual reference, are updated on the basis of the information provided to Xplored by the competent Fulfillment Providers, and are set out in the general terms of each Fulfillment Provider.

12.3 The estimated Processing Times are as follows: for SGG, the EU/UK/Rest of the World area, the standard time is 3-5 business days, which may be extended during peak operational periods; for QML, the USA/Canada area, processing takes place by the business day following the import of the order into the QML system; for Aetherworks, the Australia area, processing takes place within 3-5 days.

12.4 The estimated Delivery Times are as follows: for the United Kingdom, approximately 1 day via SGG; for the European Union, 2-4 business days via SGG, varying by destination country and period of the year; for the Rest of the World, 7-14 days via SGG, varying by country, availability of air connections and customs procedures; for the USA, 1-5 business days via QML, varying according to distance from the warehouse; for Canada, delivery takes place in two distinct phases: a first phase of collection and bulk transfer to the FedEx Canada hub, which may take up to 7 days, followed by a second phase of delivery from the FedEx Canada hub to the final recipient, which takes a further 2.5 business days; the overall time for Canada may therefore be longer than that expected for the USA; for Australia, 1-5 days.

12.5 Xplored monitors compliance by the Fulfillment Providers with the timeframes referred to in paragraphs 12.4 and 12.5 above as part of its own logistics organisation. Xplored undertakes to notify the Customer, by email or through the personal area of the Website, of any significant delays relative to the stated estimates, updating the expected delivery date.

12.6 Xplored is not liable for delivery delays caused by events of force majeure pursuant to Art. 25.

12.7 In the event of non-delivery within the 30 (thirty) day period referred to in paragraph 12.1, or within the different period agreed, the Customer is entitled to:

  • a) request delivery within a reasonable additional period, communicated by Xplored through the customer service referred to in Art. 21;
  • b) or terminate the Contract, with a full refund of the amount paid within 14 (fourteen) days of the notice of termination, where Xplored is unable to ensure delivery within the additional period or has expressly stated that it is unable to deliver.

Art. 13 - Tracking and Shipping Notifications

13.1 When the Product is shipped, the Customer automatically receives an email notification containing the name of the Courier, the shipment tracking number, a summary of the order contents, the updated delivery estimate and the contact details of customer service, referred to in Art. 21 below, for any issues. The Customer may also monitor the status of their order by accessing their personal area on the Website.

13.2 The methods of generating and communicating the tracking number vary depending on the competent Fulfillment Provider. For SGG, the tracking number is generated when the parcel physically leaves the partner's facility and is communicated to the Customer at the time of shipment by automatic email; for shipments collected through consolidated transport, the tracking number may be generated in advance but is activated and communicated to the Customer only when the parcel physically leaves the facility. For QML, the tracking number is generated after the order is imported into the system, before the final packing stage; it is communicated to the Customer by automatic email, generally at the end of the business day on which the order is shipped, and is also transmitted to the Shopify Store for viewing in the Customer's personal area.

13.3 For shipments handled by SGG through the DPD courier, applicable to the United Kingdom and certain areas of the European Union, the Customer receives an additional notification from the courier indicating an approximate one-hour delivery window on the scheduled day of delivery.

13.4 If the Customer does not receive the shipping notification referred to in paragraph 13.1 within a reasonable time with respect to the processing estimates stated in Art. 12.2, the Customer must contact customer service, referred to in Art. 21 below, which will initiate the necessary checks with the competent Fulfillment Provider and undertakes to provide the Customer with an update as soon as possible.

13.5 For any issue relating to tracking or shipment status, the Customer may contact customer service, referred to in Art. 21 below. The Customer is not required to contact the Courier directly, it being understood that tracking notifications sent by the Courier may contain a link allowing the Customer to manage certain delivery options independently.

Art. 14 - Critical Shipping Situations

14.1 Should any of the critical situations described in this article occur, the Customer may contact customer service, referred to in Art. 21 below, to request assistance or updates on the status of the case. The operational handling of such situations is the responsibility of the competent Fulfillment Provider, which operates under the supervision of, and with the prior approval of, Xplored for decisions that require it.

14.2 If the parcel is not delivered to the Customer for reasons not attributable to Xplored or the Fulfillment Provider and is returned to the sender, Xplored shall contact the Customer to agree on one of the following solutions:

  • a) reshipment to the original address or to an alternative address, with reshipment costs charged to the Customer;
  • b) or a refund of the product price net of the original shipping costs and return costs.

Reshipment or return costs shall be borne by the Customer, unless the failed delivery is attributable to an error by Xplored or the Fulfillment Provider.

14.3 If the Customer receives a product that is visibly damaged in transit, the Customer must document the damage with photographs of the outer packaging and of the contents and contact customer service, referred to in Art. 21 below, within 5 (five) days of receipt, attaching the photographic documentation. Following verification of the report, Xplored shall replace the product or issue a refund, at the Customer's choice, within the timeframe technically necessary to handle the case with the Fulfillment Provider and the Courier.

14.4 If the Product is not delivered within a period significantly longer than the estimate communicated and cannot be tracked, the Customer shall contact customer service (Art. 21). Xplored shall open an investigation with the Fulfillment Provider and the competent Courier. If the loss is confirmed, Xplored shall replace the product or issue a full refund, at the Customer's choice, within 15 (fifteen) days of confirmation of the loss.

14.5 If the Customer has provided an incorrect or incomplete shipping address, the Customer must contact customer service, referred to in Art. 21 below, as promptly as possible, preferably before the order is handed over to the Courier. Reshipment costs resulting from an incorrect address are borne by the Customer. If correction of the address is not technically possible after handover to the Courier, the procedure referred to in paragraph 14.2 shall apply.

14.6 Where damage to the Product is not attributable to transport but to a lack of conformity of the goods, the provisions on the legal guarantee set out in Part VI of the T&C shall apply.

PART VI — CUSTOMER'S RIGHT OF WITHDRAWAL

Art. 15 - Right of Withdrawal

15.1 The Customer may withdraw from the purchase Contract, without being obliged to give any reason and without incurring costs other than those indicated in Art. 19 below, within 14 (fourteen) days following the date of receipt of the Product.

15.2 For orders containing multiple Products delivered separately, the 14 (fourteen) day period referred to in paragraph 15.1 runs from the day on which the Customer takes physical possession of the last Product delivered.

15.3 The conditions set out in paragraphs 15.1 and 15.2 above also apply to any exercise by the Customer of the right of withdrawal in respect of the purchase, through the Store, of accessories sold separately from the Product.

15.4 A Customer who exercises the right of withdrawal pursuant to this article is entitled to a full refund of the price paid for the Product or for the accessory purchased, in the manner and within the timeframes set out in Art. 18 below, and without prejudice to the provisions of Art. 18 regarding the costs of returning the Product.

Art. 16 - Exceptions to the Right of Withdrawal

16.1 The right of withdrawal does not apply, in whole or in part, in the cases provided for in this article, which are also restated in the product page and in the order summary before the purchase is confirmed, in accordance with Art. 49, paragraph 1, letter m), of Italian Legislative Decree No. 206/2005.

16.2 For Products that include computer software on sealed physical media, the right of withdrawal lapses once the Customer has removed the seal, pursuant to Art. 59, letter i), of Italian Legislative Decree No. 206/2005. This exception concerns solely the software component on sealed physical media and does not extend to the other components of the Product. The return of the physical product for defects or lack of conformity remains possible in any event under the legal guarantee referred to in Part VI.

16.3 Products to which the exceptions referred to in paragraph 16.1 apply are specifically identified in the product page and in the order summary. A Customer who proceeds to purchase such products acknowledges having been informed of the exceptions to the right of withdrawal before the Contract was concluded.

16.4 Without prejudice to paragraph 16.1, the return of the Product for defects, lack of conformity or damage in transit is always possible in the cases and in the manner provided for by the legal guarantee of conformity referred to in Part VI and by Art. 14 above.

16.5 The exceptions to the right of withdrawal provided for in this article shall in no way prejudice the mandatory rights of the consumer Customer recognised by applicable law, including the rights deriving from the legal guarantee of conformity.

Art. 17 - How to Exercise the Right of Withdrawal

17.1 To exercise the right of withdrawal, the Customer may, alternatively:

  • a) use the "electronic withdrawal" function. The electronic withdrawal function and procedure are managed by Shopify, which the User can access from the personal area of the Website: the Customer logs into their personal account and selects the "Return items" option; then selects the Product they wish to return, completes the withdrawal form with all the information requested and confirms submission of their withdrawal notice;
  • b) complete the "Withdrawal Form" attached to the T&C as Annex A, and then send it to the following email address in the name of Xplored: [email protected];
  • c) send to the following email address in the name of Xplored, [email protected], an explicit and unequivocal statement of their decision to withdraw from the Contract.

17.2 The withdrawal period is deemed to have been observed if the notice of exercise of the right is sent by the Customer before the expiry of the 14 (fourteen) day period referred to in Art. 15 above. The burden of proving that the right of withdrawal was exercised within the period rests solely with the Customer.

17.3 Upon receipt of the withdrawal statement through one of the channels referred to in paragraph 17.1 above, Xplored shall send the Customer, as soon as possible, confirmation of receipt on a durable medium, indicating the case number assigned and instructions for returning the product, including the correct hub address.

17.4 After exercising the right of withdrawal, the Customer must return the Product to Xplored in the manner and within the timeframes set out in Art. 19 below and, in any event, in compliance with the instructions given in the communication referred to in paragraph 17.3 above.

Art. 18 - Refund

18.1 Without prejudice to Art. 17, Xplored shall make the refund of the amounts due to the Customer following withdrawal after verifying that the Product has been returned by the Customer in the condition described in paragraph 19.4 below, and in any event within 14 (fourteen) days from the day on which it received the Product. The refund is made using the same means of payment used by the Customer for the initial purchase. The parties may in any case agree on different refund methods, provided this does not entail additional costs for the Customer.

18.2 Xplored does not charge the Customer any fee or expense for carrying out the refund, without prejudice to paragraph 19.1 below.

18.3 The refund includes the price of the Product purchased and the original shipping costs incurred by the Customer for delivery, limited to the cost of the standard shipping method offered by Xplored. If the Customer chose a more expensive shipping method than the standard one, Xplored shall refund only the amount corresponding to standard shipping.

Art. 19 - Return of the Product and Costs

19.1 The costs of returning the Product are borne exclusively by the Customer and are not reimbursed by Xplored, without prejudice to the application of Art. 20.A).

19.2 The Customer must return the Product to Xplored within 14 (fourteen) days following the date on which they notified Xplored of their decision to withdraw from the Contract pursuant to Art. 17 above. The period is deemed to have been observed if the Customer ships the product back before its expiry, in accordance with paragraph 17.2.

19.3 The Product must be returned to the following address depending on the Customer's geographic area of residence:

  • a) for the European Union, the United Kingdom and the Rest of the World: Spiral Galaxy Games Ltd – Unit B, Halesfield 20, Telford, TF7 4QU, United Kingdom;
  • b) for the United States of America and Canada: Quartermaster Logistics, LLC, 8550 S. Us Hwy 17-92 Orlando Fl 32751;
  • c) for Australia: Warehouse A, 55-57 Halstead St, South Hurstville, NSW, 2221, Australia.

19.4 The Customer must return the Product in its original condition, with intact packaging where possible, and shall package it adequately for transport. The Customer is liable for any diminished value of the Product resulting from handling other than what is necessary to establish its nature, characteristics and functioning; such diminished value may be deducted from the refund due to the Customer pursuant to Art. 18 above.

19.5 Xplored is not liable for loss of or damage to the Product during a return shipment arranged independently by the Customer, who is in any case advised to choose a channel that allows the shipment of the Product to be tracked.

19.6 For Products returned under the legal guarantee of conformity, the provisions of this article apply to the extent compatible with Part VI of the T&C; in the event of a conflict, the provisions of Part VI shall prevail.

PART VII — WARRANTIES

Art. 20 - Legal Guarantee of Conformity

20.A) Non-Conformity of the Physical Components of the Product

20.1 The Product conforms to the Contract when it meets the following requirements. Subjective requirements: it corresponds to the description, type, quantity, quality, functionality, compatibility and interoperability stated in the Contract and in the Store product page; it is fit for any particular purpose required by the Customer, where the Customer made this known to Xplored no later than when the Contract was concluded and Xplored accepted it; and it is supplied with all accessories, instructions (including installation instructions) and packaging provided for in the Contract. Objective requirements: it is fit for the purposes for which goods of the same type are normally used; it is supplied with the accessories, packaging and instructions that the Customer can reasonably expect to receive; and it possesses the qualities and characteristics, including durability, functionality, compatibility and safety, normally present in goods of the same type and which the Customer can reasonably expect, taking into account the nature of the goods and the public statements made by or on behalf of Xplored, unless Xplored shows that it was not aware of the statement, that it was adequately corrected before the Contract was concluded, or that it did not influence the Customer's decision to purchase.

20.2 The physical components of the Product are covered by the legal guarantee of conformity provided for by applicable law, including Italian Legislative Decree No. 206/2005, as amended by Italian Legislative Decree No. 170/2021, and the applicable provisions of the Italian Civil Code. The provisions of this article apply exclusively to contracts concluded between Xplored and a Customer who qualifies as a consumer pursuant to Art. 3, paragraph 1, letter a), of Italian Legislative Decree No. 206/2005.

20.3 Xplored is liable to the Customer for any lack of conformity that exists at the time of delivery of the Product and becomes apparent within 2 (two) years of delivery. Any action to enforce defects that have not been fraudulently concealed by Xplored becomes time-barred 26 (twenty-six) months after delivery of the Product. A Customer who is sued for performance of the Contract may in any case assert their guarantee rights by way of defence, provided that the defect was reported within the periods referred to in the preceding sentence.

20.4 In the event of a lack of conformity of the physical components of the Product, the Customer is entitled, at their choice, to repair or replacement of the Product, unless the remedy chosen is impossible or, compared with the other, imposes disproportionate costs on Xplored taking into account all the circumstances of the case. The Customer is also entitled to a proportionate reduction in price or to termination of the Contract with a refund of the price paid, if any of the following conditions occurs:

  • a) Xplored has not carried out the repair or replacement, or has not done so within the period referred to in Art. 20.5;
  • b) the lack of conformity persists despite Xplored's attempt to restore the conformity of the Product;
  • c) the lack of conformity is so serious as to justify an immediate price reduction or termination of the Contract;
  • d) Xplored has declared, or it is clear from the circumstances, that it will not restore conformity within a reasonable time or without significant inconvenience to the Customer.

The Customer is not entitled to terminate the Contract if the lack of conformity is minor; the burden of proving that the lack of conformity is minor rests with Xplored.

20.5 Repair or replacement shall be carried out by Xplored free of charge, without the Customer being charged shipping costs, labour, materials or ancillary costs of any kind, within a reasonable time from the Customer's request and without significant inconvenience to the Customer, having regard to the nature of the Product and the purpose for which it was purchased. The Customer shall make the defective Product available to Xplored to enable the remedy to be carried out; collection of the Product to be returned and redelivery of the repaired or replacement Product shall be at Xplored's expense. Where repair requires the removal of a Product that was installed in a manner consistent with its nature and the purpose for which it was purchased, or where replacement of the Product is necessary, Xplored shall bear the removal of the non-conforming Product and the installation of the repaired or replacement Product, or the related costs. The Customer is not required to pay any amount for the normal use of the replaced Product in the period preceding replacement.

20.6 Lack of conformity that becomes apparent within 12 (twelve) months of delivery of the Product is presumed to have existed at the date of delivery, unless this presumption is incompatible with the nature of the Product or the nature of the defect; in that case, it is for Xplored to provide proof to the contrary. For defects that become apparent between the thirteenth and twenty-fourth month after delivery, it is for the Customer to demonstrate, by ordinary means of proof, that the defect already existed at the time of delivery.

20.7 To exercise the rights deriving from the legal guarantee of conformity, the Customer is invited to contact Xplored customer service, referred to in Art. 21 below, stating the order number and a description of the defect found; where possible, it is helpful to attach photographic or video documentation of the defect, so as to enable Xplored to carry out a faster assessment. Notice of the defect remains valid by any means suitable to bring it to Xplored's attention, including email, chat and telephone, regardless of the channel used; compliance with the procedures described in the preceding sentence is not a condition for the admissibility of guarantee remedies. Xplored shall acknowledge receipt of the report as soon as possible and shall carry out the requested remedy within the timeframes and in the manner set out in Art. 20.5, providing the Customer with the relevant operational instructions.

20.8 The legal guarantee of conformity does not apply where Xplored demonstrates that the defect is attributable to one of the following causes:

  • a) improper or negligent use of the Product by the Customer, not in accordance with the instructions provided;
  • b) impacts, drops or accidental events attributable to the Customer;
  • c) modifications or repairs made to the Product directly by the Customer or by third parties not authorised by Xplored; normal wear and tear resulting from ordinary use of the Product, provided that such wear does not appear abnormally early relative to the reasonable expectation of the durability of the goods.

20.B) Digital Elements of the Product and Xplored's Information Duties

20.9 Xplored shall inform the Customer of the availability of updates for any digital components of the Product, including security updates, necessary to maintain the conformity of the Product, and shall supply them to the Customer for the period indicated in the product page of each product line, taking into account the type and purpose of the product and the Customer's reasonable expectations.

20.10 Available updates are communicated to the Customer by notification within the Game App, where developed. Subsequent installation of the updates is the sole responsibility of the Customer, who must carry it out on their own device in accordance with the instructions provided by Xplored.

20.11 Xplored is exempt from liability for defects in the digital elements resulting from failure to install the updates made available, provided that the following conditions are met cumulatively:

  • a) Xplored has informed the Customer of the availability of the update and of the consequences that failure to install it has for the proper functioning of the product;
  • b) the failure to install is not attributable to deficiencies, errors or omissions in the instructions provided by Xplored.

20.12 If the Customer finds lack of conformity in the digital elements of the Product, the remedies provided for in paragraph 20.4 above apply, to the extent compatible with the nature of the digital component itself.

20.13 The update obligations provided for in this paragraph apply separately from, and independently of, the two-year legal guarantee referred to in 20.A) above.

PART VIII — SUPPORT AND COMPLAINTS

Art. 21 - Customer Service

21.1 Xplored makes available to the User a pre- and post-sales support service, which can be reached through the ticketing system via the following channel: https://teburu.zendesk.com/hc/en-us.

21.2 Xplored customer service is the sole point of contact for the Customer for any matter relating to the purchase, delivery, withdrawal, warranty and use of the Products purchased. The Customer is not required to contact the Fulfillment Providers or the Couriers directly.

21.3 Customer service handles, among other things, the following types of requests: information on products and orders; assistance with the withdrawal procedure; reports of defective products or products damaged in transit; refund and return requests; technical complaints relating to the digital component of the Product; and any other issue connected with purchases made through the Store.

Art. 22 - Complaint Handling System

22.1 The Customer may submit complaints relating to the purchase and delivery of the Products by contacting Xplored customer service in the manner indicated in Art. 21.

22.2 Xplored handles complaints promptly and effectively, taking into account the importance and complexity of the issues raised. Xplored undertakes to provide the Customer with an initial response within 10 (ten) business days of receipt of the complaint and to update the Customer on the status of the case through customer service, referred to in Art. 21 above, until it is resolved.

22.3 Upon submitting a complaint, the Customer receives a case reference number that allows them to monitor its progress through customer service, referred to in Art. 21 above.

22.4 If the complaint cannot be resolved amicably through the system described in the preceding paragraphs or through the ADR systems referred to in Art. 23 below, the Customer may bring the matter before the competent judicial authority.

Art. 23 - Alternative Dispute Resolution

23.1 Pursuant to Art. 141-sexies of Italian Legislative Decree No. 206/2005, Xplored informs the Customer that, in the event of a dispute relating to the Contract that is not resolved through the complaint handling system referred to in Art. 22, the consumer Customer may refer the matter to the Joint Conciliation Body of Consorzio Netcomm (Organismo di conciliazione paritetica Consorzio Netcomm), an ADR body listed in the register kept by the Italian Ministry of Enterprises and Made in Italy (MIMIT) pursuant to Art. 141-decies of Italian Legislative Decree No. 206/2005, with registered office in Milan, Via Serbelloni No. 2, [email protected]; website: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/

23.2 Participation in the ADR procedure is voluntary and optional for both parties and does not preclude the Customer's right to bring the matter before the competent judicial authority pursuant to Art. 29 below. The procedure is entirely free of charge. The procedure is, as a rule, concluded within 90 days of receipt of the complete application file, extendable by a further 90 days in the case of particularly complex disputes, pursuant to Art. 141-quater, letter e), of Italian Legislative Decree No. 206/2005.

23.3 If a complaint submitted pursuant to Art. 22 is not resolved within the initial response period referred to in paragraph 22.4, Xplored shall provide the Customer, on a durable medium, with information on the ADR body referred to in paragraph 23.1, also specifying whether it intends to avail itself of the ADR procedure for the specific dispute, in accordance with Art. 141-sexies, paragraph 3, of Italian Legislative Decree No. 206/2005.

23.4 Xplored shall update this article upon the transposition into Italian law of Directive (EU) 2025/2647, amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, in the manner set out in Art. 28 below.

PART VIII – LIABILITY

Art. 24 - Limitations of Xplored's Liability

24.1 Xplored is liable to the Customer for damages directly caused by its own wilful misconduct or gross negligence in the performance of the Contract.

24.2 Without prejudice to paragraph 23.1, Xplored is not liable:

  • a) for delays or failures to deliver caused by events of force majeure pursuant to Art. 24;
  • b) for damages caused by improper, negligent use of the product, or use not in accordance with the product's instructions, by the Customer or third parties;
  • c) for malfunctions of the digital components of the Product caused by the use of a Customer device that does not meet the minimum technical requirements indicated in paragraph 4.4;
  • d) for malfunctions of the digital components of the Product caused by the Customer's failure to install updates, within the limits and subject to the conditions set out in Art. 20.B);
  • e) for damages caused by modifications or repairs to the product carried out by the Customer or by third parties not authorised by Xplored.

24.3 The limitations of liability set out in this article apply within the limits permitted by applicable law on consumer contracts.

Art. 25 - Force Majeure

25.1 Xplored is not liable for non-performance or delay in the performance of its obligations under the Contract where such non-performance or delay is caused by events of force majeure, meaning unforeseeable and unavoidable events beyond the reasonable control of Xplored or its Fulfillment Providers which make performance objectively impossible or excessively onerous. Events of force majeure include, by way of example and without limitation: natural disasters, exceptional weather events, epidemics and pandemics, armed conflicts, acts of terrorism, third-party strikes, prolonged interruptions of communication or transport networks, measures of public authorities that restrict or prohibit the activity of Xplored or its Fulfillment Providers, and delays or interruptions in customs procedures.

25.2 Upon the occurrence of an event of force majeure, Xplored shall inform the Customer as soon as possible, indicating the nature of the event, its estimated duration and its consequences for the performance of the Contract.

25.3 If the event of force majeure continues for a period exceeding 30 (thirty) consecutive days, the Customer has the right to terminate the Contract by written notice sent to Xplored at the email address [email protected], with a consequent full refund of the amount already paid. Exercise of this right entails no additional charge for the Customer.

25.4 The occurrence of an event of force majeure does not release the Customer from the obligation to pay for performance already rendered by Xplored before the event occurred.

PART IX - FINAL PROVISIONS

Art. 26 - Processing of Personal Data

26.1 Information on the processing of Users' personal data is contained in the Privacy Policy and the Cookie Policy published in the dedicated area of the Website, to which reference is made.

Art. 27 - Language

27.1 These T&C are drawn up in the following language: English.

Art. 28 - Amendments to the T&C

28.1 Xplored reserves the right to amend these T&C unilaterally and at any time.

28.2 Amendments take effect with respect to Users 15 (fifteen) days after the date on which notice of the amendment of the T&C is published on the Website, without prejudice to the right to withdraw and to request deletion of their login credentials pursuant to and for the purposes of Arts. 15 et seq. above, to be exercised within the same period.

28.3 Use of the Website or the submission of new orders after the date on which the amendments take effect constitutes the Customer's implied acceptance of them.

28.4 In accordance with applicable law, Xplored refrains from proposing retroactive amendments to the terms and conditions of the T&C, except where retroactivity is necessary to comply with a legal or regulatory obligation or where the amendments are advantageous to Users.

28.5 The updated version of these T&C, indicating the date of the last update, is always available on the Website and may be freely consulted by the User at any time.

Art. 29 - Governing Law and Jurisdiction

29.1 These T&C and the Contracts concluded through the Store are governed by Italian law.

29.2 For disputes relating to the conclusion, interpretation, performance, validity or breach of these T&C and of the Contracts concluded through the Store, the courts of the place of residence or elected domicile of the consumer Customer shall have jurisdiction in the case of consumer Customers.

29.3 Before bringing the matter before a court, the Customer is invited to use the internal complaint handling system referred to in Art. 22.

This document is current as of 12 October 2026.