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Condition of sales

1. Subject

1.1. These general terms and conditions of sale shall apply to the purchase of Eclix srlI” brand products (hereafter the “Products”) via the di e-commerce website www.peggyho.com (hereafter the “Site”) by users falling within the definition of “Consumers” pursuant to article 1.2 below. The Site, which is the property of Eclix srl , with registered office in Napoli Italia,Via Astalonga,96,San Giuseppe Vesuviano 80047 , tax code, VAT no. 04154831210 and Business Register enrolment no. 04154831210(hereafter the “Owner”), is managed by Eclix srl.

1.2. The Owner is a party of these general terms and conditions of sale, holds all rights to the Site’s domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.

1.3. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address info@peggyho.com

1.4. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.

1.5. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only.  It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these general terms and conditions of sale shall be applicable but, in derogation of what foreseen by the same:

a)       the withdrawal right referred to in article 10 shall not apply to the buyer;

b)      the Product warranty referred to in article 8 shall not apply to the buyer;

c)       no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;

d)      the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention 1980.

1.6. On submitting the order, the Consumer agrees that the confirmation of the order information and these general terms and conditions of sale shall be sent by e-mail to the address provided by the same during the site registration or purchase process.

1.7. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

1.8. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.

2. Product features and availability in the various geographical areas.

2.1. The products are sold by the Seller with the features described on the Site and in accordance with the general terms and conditions of sale published on the Site at the time of the order, excluding all other terms or conditions.

2.2. The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the SIte, and will only apply to sales concluded from that date onwards.

2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. The Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.

2.4 The Site can be accessed from all over the world and the Products available on the Site can be purchased from all Countries.

3. Product purchase procedure – Conclusion of each individual purchase contract

3.1. The presentation of the Products on the Site, which is not binding for the Seller, is a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.

3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller , is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order (sending which will take place when the Consumer selects the button to complete the purchase, the Consumer will be asked to carefully read these general conditions of sale and information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

3.3. Orders are subject to the availability of the Products and the Seller’s acceptance. The Seller reserves the right, at any time and at its sole discretion, to refuse an order, including, for example, in cases where:

(i) the Products ordered are no longer available on the Site;

(ii) the Seller becomes aware of an error on the Site relating to the price and / or description of the Products;

(iii) the order cannot be executed due to an error in the information provided by the Consumer (by way of example, information on payment, billing or delivery address);

(iv) the Seller has reason to believe that the order was placed by a minor.

The Seller also reserves the right to make partial deliveries and / or to limit the quantities of Products ordered by the Consumer to a number of Products that can reasonably be considered for domestic use. In this case, the Consumer will be charged only for the price of the Products delivered.

In all cases in which the Seller is unable to fulfill an order, is only partially able, or intends to limit the quantities of Products subject to the order, the Seller will contact the Consumer via e-mail or telephone, as soon as possible and in any case within 30 (thirty) days from placing the order on the Site. Any payments already made by the Consumer will be promptly reimbursed by the Seller, with the same methods used by the Consumer for the payment of the Products.

3.4 The Consumer’s purchase order is accepted by the Seller by sending to the Consumer, at the e-mail address he declared to the Seller at the time of purchase and transmission of the order, an e-mail confirming the the order itself, which, in addition to a summary of the order placed and the description of the characteristics of the ordered Product, the indicative date expected for the delivery of the Products and an extract of the information on the right of withdrawal, will contain a copy of these conditions of sale. The Consumer’s order, the Seller’s Order Confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy, at any time, by sending a communication via e-mail. to the Seller at info@peggyho.com.

3.5. Each contract for the purchase of the Products is considered concluded when the Consumer receives the Order Confirmation from the Seller via e-mail.

4. Product selection and purchasing procedure

4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection  is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents:  at this point, the Consumer, is required to carefully read and expressly approve the general terms and conditions of sale by ticking the relative check box and, finally, confirm the order by pressing the button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract.  The Consumer will also be asked to select a delivery  option and a payment method from those available. If the Consumer selects immediate payment by credit card, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.

4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller’s Customer Care service by e-mail to the following address info@peggyho.com.

4.3. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:

(a) if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Consumer during the order transmission phase and (ii) refund the Consumer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment;

(b) if the Consumer has received the Product, the Seller shall promptly notify the Consumer by email of the technical error that occurred during the order procedure, and offer the same, alternatively, to (i) pay the Seller, within and no later than the next 14 (fourteen) days, using one of the payment methods available on the Site, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or (ii) cancel the order, following the instructions provided in the same email notice on how to return the Product to the Seller, at the expense of the latter, within and no later than the next 14 (fourteen) days, more specifically to Eclix srl  Via Astalonga 96- 80047 San Giuseppe Vesuviano Napoli Italy, undamaged, complete with all parts and accessories (including unaltered labels and cards still attached to the Product), accompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty certificate, together with the duly completed RMA form attached to the email sent by the Seller and in the box- If the Consumer chooses the option provided in point (b) (ii) above, the Seller shall refund the payments effected by the Consumer for the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment.

 

5. Delivery and acceptance of goods

5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 14 (forteen) days from the day after the Consumer places the order. During the Christmas, Easter and Summer holidays (in August), the delivery times may be longer. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below

5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly  damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”. The Seller cannot be held responsible for the delay in delivery of the goods, exept if it’s his fault.The seller is TNT for ITALY and for the europe and for all countries of the world is FEDEX .

5.4 The risk of accidental loss or deterioration of the Products will be transferred to the Consumer when the latter, or a third party designated by him and other than the carrier, materially comes into possession of the Products. However, the risk will be transferred to the Consumer upon delivery of the Products to the carrier, if the latter has been chosen by the Consumer, without prejudice to the Consumer’s rights towards the carrier. For the purposes of passing the risk, the refusal or delay in the acceptance of the Products by the Consumer will be equated to delivery. 5.5 The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure referred to in the following art. 8 of these general conditions of sale, failing which, the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer reach their destination visibly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery “subject to”.

6. Prices, shipping costs, customs duties and taxes

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site

6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of products.

6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Consumer.

6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.

 

7. Payments

7.1. Payment for Products purchased on the Site shall be made strictly within 5 (five) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.

7.2. Payments for orders placed on the Site can be paid for by credit card at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.

7.3. When payment is by credit card,the Consumer will be transferred to a secure site and the credit card information will be communicated directly to PayPal or  to STRIPE ,company headquartered in San FranciscoCalifornia, the operator designated by the Seller to handle all such transactions.the data provided will be sent securely and remain inaccessible even for the Seller.

The consumer can also choose to pay by bank transfer. in this case we will provide our bank details, iban, swift. the order will be accept ed when the account is credited

7.4. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.

 

8. Seller’s legal warranty of conformity, reporting of non-conformities and interventions under warranty.

8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (Consumer Protection Code ), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 1 (one) month from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.

8.2. The Consumer is required to report any defects and non-conformities of the products within and no later than 14 days of receveing the products, sending an email info@peggyho.com  sending the appropriate return form correctly completed, the clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty

8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when placing the order; The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail within 14 days from the date on which the product was received to the following address: ECLIX SRL Via Astalonga,96-80047 San Giuseppe Vesuviano (NA) Italy.

8.4. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product. The Purchaser will be responsible for sending the Seller, using the same e-mail address   the bank details for the latter to be able to transfer the refund.

 9. Defective Products Liability

9.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N.  206/2005 – (Consumer Protection Code) are applicable to  any damages caused by defective products. The Seller, in its capacity as distributor of the products on the Site disclaims all liability, without exclusions and/or exceptions, and shall refer the Consumer to the manufacturer of the product concerned.

9.2 To exercise the right of withdrawal, the Consumer must inform, before the expiry of the term referred to in paragraph 9.1 above, of his decision using the withdrawal form inside the package with which he received the Product (s) that intends to return and, in particular: (i) by filling in the form with the data relating to the Product (s) you intend to return; (ii) by inserting the form, once completed, in the package with which it intends to return the Product (s) subject to the exercise of the right of withdrawal; (iii) applying the return label on the same package, once closed; (iv) by booking the collection of the package by the courier indicated by the Seller with one of the methods indicated therein. The indication by the Consumer of the reason for returning the Product in the form attached to the package containing the purchased Product is mandatory for the purpose of exercising the right of withdrawal.

9.3 As an alternative to the method referred to in paragraph 9.2 above, the Consumer may in any case exercise the right of withdrawal by sending any explicit declaration to the e-mail address info@peggyho.com of his decision to withdraw using the return form attached.

9.4 Following the provisions of point 9.3 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing the instructions to proceed with the return of the product and to fill in the return form contained in the package, to be sent no later than 14 days after receipt of the goods to Ecix srl Via Astalonga, 96 -80047 San Giuseppe Vesuviano Naples Italy.

9.5 If the Consumer has received the product, he is required to return it to Eclix srl Via Astalonga, 96 – 80047 San Giuseppe Vesuviano Naples Italy without undue delay and, in any case, within 14 days from the day you received the package. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks of returning the goods, as well as the proof of this, will be borne by the Consumer as well as the direct costs of returning the goods (the return shipping costs are borne by the Consumer).

9.6 In the event of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) with the exception of costs for the return of the returned Product (s) (at the expense of the Consumer), without undue delay and, in any case, no later than 14 days from receipt of the package. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has returned the goods, whichever is earlier.

9.7 The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product) , not accompanied by the attached instructions / notes / manuals, original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protect it during transport even from writings or labels.

10. Right of withdrawal

10.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.

10.2 To exercise the right of withdrawal, the Consumer must notify ECLIX SRL srl, within the deadline indicated in paragraph 10.1 above, of his intention to exercise the right of withdrawal using the withdrawal form found inside the packaging of the received Product(s) he intends to return and, shall in particular: (i) complete the RMA form with the details on the Product(s) he intends to return; (ii) insert the completed form in the package used to return the Product(s) pursuant to the exercising of the right of withdrawal; (iii) once the package is closed, apply the pre-printed adhesive label received; (iv) book a pick-up for the package with the courier indicated by the Vendor following the relative instructions. The Consumer is obliged to state the reason he is returning the Product using the reason code on the RMA form chart in order to exercise his right of withdrawal.

10.3 As an alternative to the procedure provided in section 10.2 above, the Consumer can send an explicit declaration to ECLIX SRL srl, using the email address info@peggyho.com

tems to guarantee maximum levels of reliability, security, protection and confidentiality for information of his intention to exercise the right of withdrawal

10.4 On completing the requirements of paragraph 10.3 above, the Consumer will receive a withdrawal confirmation on how to return the product, to be sent within and no later than 14 days to: Eclix srl Via Astalonga,96-80047 San Giuseppe Vesuviano Napoli Italy.

10.5 If the Consumer has received the product, he is required to return it to Eclix srl without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if the Consumer sends back the goods before the period of 14 days has expired. The Consumer shall be responsible for the direct risks of returning the goods, and providing proof of the same. The direct cost of the products’ return will be on charge of the Consumer.

10.6 If the Consumer withdraws from this contract, a refund of all payments received will be effected, with the exception of the the costs of delivery and, without undue delay and in any event no later than 14 days from exercising your right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.

11. Intellectual Property Rights

11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of ECLIX SRL srl and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.

11.2. Unless prior specific consent is granted in writing by ECLIX SRL srl, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.

 12. Protection of Consumer Personal Data

12.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by ECLIX SRL. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended. the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.

12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.

As regards the data relating to payments by credit card, the Seller uses the services of the company PAY PAL and STRIPE INC which adopt technological systems to ensure the transmission of information via the web according to industry standards.

12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data  submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.

12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy  and read the General Conditions of Use carefully.

 13. Security

13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.

13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by STRIPE INC and PAY PAL which adopts technological sys transmitted over the web.

14. Applicable law, settlements and jurisdiction

14.1. General Sales Terms and Conditions Any sales contracts signed between the Seller and the Consumer under these general sales conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with Legislative Decree no. 206 dated September 6, 2005 of the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer’s country of residence.

14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers and we provide the possibility to reach a satisfactory agreement,.

14.3 If no settlement attempt is made, as under section 14.2, or the attempt is not successful, the Court of Naples is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Consumer’s country of residence.