General Terms and Conditions

TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use ("Terms") constitute a binding legal agreement between you ("you" or "User") and TESSARAP s.r.l. ("TESSARAP," "we," "us," or "our"), governing your access to and use of the mypodseurope.com website (the "Site"), as well as any related media, mobile websites, mobile applications, services, and tools (collectively, the "Services").

Company Details:

• Legal Entity: TESSARAP s.r.l.

• Company Registration Number: J2025000197000

• Registered Address: Str. Episcop Roman Ciorogariu 9 Ap. BIR. 10, Cod 410017, Oradea, Romania

By accessing or using the Site, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, you must refrain from using the Site.

1. ELIGIBILITY AND AGE VERIFICATION

The Site is intended solely for users who are 18 years of age or older. By accessing or using this Site, you affirm that you are of legal age to purchase nicotine or tobacco-related products in your jurisdiction and are at least 18 years old. You are solely responsible for ensuring that the use of the Site and purchase of any products complies with applicable local laws.

We may verify your age at checkout and/or upon delivery. Age verification measures may include the requirement of a valid government-issued ID at the point of delivery.

2. ACCEPTANCE AND MODIFICATIONS OF TERMS

We may, at our sole discretion, amend or update these Terms from time to time. All changes are effective immediately upon posting on the Site. We will indicate the latest revision date at the top of this document. Continued use of the Site constitutes your acceptance of the updated Terms. You are responsible for regularly reviewing the Terms.

3. INTELLECTUAL PROPERTY RIGHTS

All materials on the Site, including but not limited to text, software, scripts, code, designs, graphics, photographs, sounds, videos, applications, interactive features, trademarks, logos, and all other content ("Content") are owned by or licensed to TESSARAP and are protected under Romanian, European Union, and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content solely for personal, non-commercial purposes. Any other use of the Content, including commercial reproduction, modification, distribution, or republication, is strictly prohibited without our express written consent.

4. USER ACCOUNTS AND RESPONSIBILITIES

To access certain features of the Site, including purchases, you may need to register an account. You agree to:

• Provide accurate, complete, and current information during registration

• Maintain the confidentiality of your login credentials

• Be responsible for all activity under your account

• Notify us immediately of any unauthorized use of your account

We reserve the right to terminate or suspend any account at any time, without notice, for any violation of these Terms or if we suspect fraudulent behavior.

5. PRODUCT INFORMATION AND AVAILABILITY

We make every effort to accurately display product descriptions, ingredients, puff count, specifications, and prices. However, we do not guarantee that all content is error-free or complete. Colors and product visuals may vary due to device display settings.

Product availability is subject to change without notice. We reserve the right to discontinue or limit the quantity of any product at any time.

6. PRICING, PAYMENTS, AND BILLING

All prices are listed in Euros (EUR) and include applicable VAT unless otherwise stated. Shipping fees and any applicable service charges will be added at checkout.

We accept the following payment methods:

• Cash on Delivery (COD) – additional country-specific fees may apply

• Credit and Debit Cards (Visa, MasterCard, Maestro)

• Apple Pay, Google Pay, UnionPay, JCB

By placing an order, you authorize TESSARAP to charge your selected payment method for the total amount. We reserve the right to cancel orders in the event of pricing errors or suspected fraud, even if payment has been processed.

7. SHIPPING, DELIVERY, AND RISK OF LOSS

Orders are processed promptly and dispatched within the estimated timeframe provided at checkout. However, delivery times may vary depending on carrier, customs clearance, and destination.

You are responsible for:

• Providing a valid delivery address and reachable phone number

• Ensuring availability at the delivery location

• Paying additional fees for redelivery if the address is incorrect or the delivery is refused

If a package is marked as delivered but you claim non-receipt, we are not liable unless insured delivery or tracking discrepancies are proven.

If you request delivery to an unsecured location, such as a mailbox or front door, you assume all risk of loss.

8. AGE VERIFICATION ON DELIVERY

To comply with legal requirements for nicotine product sales, courier services may request a government-issued ID upon delivery. Failure to provide valid identification may result in the package being withheld or returned.

9. RETURNS, REFUNDS, AND WARRANTY POLICY

Due to the hygienic and disposable nature of our products, returns are accepted only if:

• The item is unopened and unused

• The request is made within 14 days of delivery

• The return is shipped in the original packaging

Warranty coverage for disposable products is limited to manufacturer defects reported within 48 hours of delivery. Puff count may vary due to user inhalation style, environmental temperature, or storage conditions. Variations in puff count are not considered defects.

To request a replacement:

• Submit a claim to contact@mypodseurope.com

• Attach a video showing the defect

• Include order number and shipping details

Approved claims will result in a replacement or refund, subject to availability. Shipping costs for returns are borne by the customer unless a defect is verified. We do not offer warranty for bulk buyers or resellers.

10. DATA PROTECTION AND PRIVACY

TESSARAP s.r.l. is committed to protecting your privacy in accordance with the General Data Protection Regulation (EU 2016/679). Your personal data is collected and processed for the following purposes:

• Order fulfillment

• Customer support

• Fraud prevention

• Marketing (if you opt in)

• Legal and regulatory compliance

All data is stored securely on servers located in Romania. You can view our full privacy policy here: DATA MANAGEMENT

You have the right to:

• Access your personal data

• Request correction or deletion

• Withdraw consent at any time

• File a complaint with the Romanian National Authority for the Supervision of Personal Data Processing (ANSPDCP)

11. DISPUTE RESOLUTION

We aim to resolve any disputes amicably. If you are dissatisfied, please contact us first at contact@mypodseurope.com. Should disputes arise, consumers may also submit complaints to the Romanian Consumer Protection Authority:

National Authority for Consumer Protection (ANPC) Website: https://anpc.ro Phone: +40 21 9551

Consumers within the EU may also resolve disputes via the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

12. SITE MANAGEMENT AND AVAILABILITY

We reserve the right to:

• Monitor user activity for violations

• Restrict or terminate access to the Site

• Modify or remove any content

• Suspend Site operations for maintenance

We are not liable for any interruptions, delays, or system errors that may occur, including those resulting from technical issues, maintenance, or force majeure.

13. TERMINATION OF SERVICE

We may terminate your access to the Site or your account at any time, with or without notice, for any reason including, but not limited to, violation of these Terms, misuse of the Site, or fraudulent activity.

Following termination, you are prohibited from creating a new account using your own name or any other personal details without express written consent.

14. DISCLAIMERS AND LIMITATION OF LIABILITY

The Site and all content and products provided are offered "as-is" without warranties of any kind. TESSARAP disclaims all liability for:

• Interruptions or errors in service

• Inaccuracies in product descriptions or pricing

• Loss of data

• Damage to property

• Personal injury caused by improper use of products

Under no circumstances will TESSARAP, its directors, employees, or affiliates be liable for any indirect, incidental, or consequential damages.

15. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of Romania, without regard to its conflict of law principles. Any disputes shall be resolved in the competent courts of Romania, unless you are an EU consumer, in which case you may also bring proceedings in your country of residence.

16. ELECTRONIC COMMUNICATIONS

By using the Site or communicating with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

You also consent to the use of electronic signatures and records in connection with your use of the Site.

17. ENTIRE AGREEMENT AND SEVERABILITY

These Terms, along with our Privacy Policy and any applicable product terms, constitute the entire agreement between you and TESSARAP. If any part of these Terms is found to be invalid or unenforceable, the remainder shall continue in full force.

18. CONTACT INFORMATION

If you have questions, feedback, or complaints about these Terms or your use of the Site, please contact us:

Email: contact@mypodseurope.com
Company: TESSARAP s.r.l.
Registered Address: Str. Episcop Roman Ciorogariu 9 Ap. BIR. 10, Cod 410017, Oradea, Romania