Agency Agreement

This Terms and conditions, hereinafter referred to as the “Terms and conditios” or “Agreement”, is an offer of Kometac GmbH, VAT ID: DE274208423, Commercial Register (Registry Court: Amtsgericht Hanau — HRB 94762), hereinafter referred to as the “Agent”, to any natural person, hereinafter referred to as the “Principal”, who accepts the Agreement on the terms set forth below.

Terms and Definitions

Agent – a person who undertakes, for a fee, to perform legal and other actions on behalf of the Principal at the Principal’s expense, namely to arrange the conclusion of retail sale and purchase agreements, customs clearance and international carriage, delivery to the address of the Principal or recipient specified by the Principal, and handover to the Principal or the person designated by the Principal of goods sold by third parties (hereinafter – Sellers) under retail sale and purchase agreements and selected by the Principal on the Agent’s website (hereinafter – Goods) to the Principal.

Personal Account – a web page with an interface on the Agent’s website containing information about the Principal, available services, tariffs, enabling the ordering of services, their modification, monitoring of the execution of the instruction, as well as statistical information on the volume of services received. Access to the above data and functions is carried out using identification data by entering the Principal’s login and password.

Principal – a legally capable and competent natural person, authorizing the Agent to arrange the conclusion of retail sale and purchase agreements, customs clearance and international carriage, delivery to the address of the Principal or recipient specified by the Principal, and handover to the Principal or person designated by the Principal of goods sold by third parties.

Seller – a third party that sells the Goods and with which the Agent, on behalf and at the expense of the Principal, or on its own behalf but at the expense of the Principal, enters into a sale and purchase agreement as part of the execution of the Order.

Agent’s Website – the website on the Internet located at https://farfalia.com

Instruction to the Agent – an agreed order (instruction) formed by the Parties in the Personal Account at https://farfalia.com

Catalog – possible options for instructions to arrange the purchase of goods from foreign sellers, which the Principal may formulate for the Agent based on the information section on goods and services, including name, photos of goods, description of main characteristics, approximate delivery times, cost of goods and Agent’s services. The content of the Catalog is for informational purposes and reflects information about goods posted on official websites of manufacturers and online stores abroad.

Cart – a separate section of the Agent’s information website, to which the Principal may move their orders (instructions of the Principal to the Agent) planned for placement by clicking the “Add to Cart” button in the Product Card. Placing the description of the Goods in the “Cart” section means that the Principal has read and agrees with all conditions of the instruction to the Agent and plans to pay for this Instruction. The Instruction is considered placed upon completion of the order and its payment.

1. Subject Matter of the Agreement

1.1. Under this Agreement, the Agent undertakes, for a fee and at the Principal’s expense, to perform, on its own behalf, legal and other actual actions in accordance with clause 1.2 of this Agreement.

1.2. Within the framework of the Principal’s instruction, the Agent undertakes to arrange the search for sellers of Goods, the conclusion of agreements: retail sale and purchase, customs clearance, international carriage, delivery.

The Principal understands, assures, confirms and agrees that the Goods are selected by him/her for personal, family, household, domestic and other needs not related to business activities.

The Parties accept and undertake to comply with the conditions for the sale of goods from abroad set out in Appendix No. 1 to this Agreement and posted on the Website.

1.3. The name, quantity and other characteristics of the goods, as well as the conditions for the purchase of goods for the Principal, shall be agreed by the Parties by filling out and sending by the Principal of an order in the form developed by the Agent in the Personal Account on the Agent’s Website.

1.4. The Principal, at the time of registration on the Agent’s Website and conclusion of this agency agreement, confirms that the purchase of the Goods is carried out by him/her in the territory of another country in accordance with the legislation of the Seller of the Goods. The Agent is not the Seller of the Goods and acts solely on the basis of the Principal’s instructions on the conditions agreed therein.

1.5. Acceptance (full and unconditional acceptance of the terms and conclusion of this Agreement), as well as the Principal’s consent to these terms of the Agreement, shall be any of the following actions of the Principal:

• Provision by the Principal of his/her personal data (including a copy of an identity document, residential address, telephone number) through the Personal Account, and/or granting consent to the processing of personal data and consent to this Agreement by checking the “V” boxes in the registration field or Personal Account indicating acceptance of the terms of this Agreement;
• Registration of the Principal on the Agent’s Website.

1.6. The Principal shall provide full and accurate information about himself/herself, including by filling in the information in the Personal Account. The Principal shall place instructions with the Agent personally, on his/her own behalf. The information about the Principal in the instruction must match the data provided by the Principal on the Agent’s Website.

1.7. Information about the identifiers assigned to the Principal (login and password) is confidential and shall not be transferred by the Principal to third parties. The login and password for accessing the Personal Account are generated by the Principal independently upon registration on the Agent’s Website.

1.8. The Principal shall ensure the confidentiality and security of the login and password, and other data necessary for accessing the Personal Account. Actions performed in the Personal Account accessed using the Principal’s login and password shall be deemed actions performed by the Principal personally and/or by his/her authorized representative on behalf and in the interests of the Principal.

1.9. The Principal undertakes not to send, transfer, reproduce, provide or use for commercial purposes in any form the information, software or other materials, wholly or partially obtained through the Personal Account.

1.10. This Agreement does not establish any obligations of the Agent regarding the timing of performance of legal and other actual actions provided for in clause 1.2.

1.11. Terms of carriage, storage and disposal of goods are established by the rules of the carriers. The Principal undertakes to familiarize himself/herself with these rules independently. Information about the carrier providing services to the Principal under the order shall be indicated by the Agent in the Principal’s Personal Account.

2. Rights and Obligations of the Parties

2.1. The Agent undertakes:

2.1.1. to conclude transactions, settle accounts with sellers and other counterparties, the involvement of which is necessary for the execution of the Principal’s instructions, by paying them the amounts due at the expense of funds transferred by the Principal to the Agent’s account opened with the Agent’s bank;

2.1.2. to arrange the conclusion of international carriage agreements for the Goods, their delivery and handover to the Principal or the person designated by the Principal;

2.1.2.1. the indicative delivery time of the goods is specified in the Instructions to the Agent. By placing an Instruction to the Agent, paying the cost of the goods, purchase expenses and the Agent’s service fee, the Principal confirms acceptance of the condition of the indicative delivery time of the Goods on the Agent’s terms. The period may be either extended or reduced due to various circumstances beyond the Agent’s control (customs clearance, transport and logistics conditions, sanctions of unfriendly states, banking restrictions on transfers and payments, unavailability of goods with the relevant characteristics from sellers, etc.)

2.1.4. to arrange customs clearance of the Principal’s Goods with customs authorities;

2.1.5. to be liable to the Principal for loss, shortage, damage (spoilage), delay in delivery of the Principal’s Goods if the loss, shortage, damage (spoilage), delay occurred through the Agent’s fault;

2.1.6. to inform the Principal upon his/her request of all information required by mandatory provisions of law on the progress of performance of this Agreement.

2.2. The Agent has the right:

2.2.1. to engage third parties, including Sub-agents, for the purposes of performance of this Agreement, as well as to perform all other actions necessary for the execution of the Principal’s instruction.

2.2.2. to deviate from the Principal’s instructions without prior request, if, in the circumstances, this is necessary in the interests of the Principal.

2.2.3. The Agent has the right to provide other services to the Principal by agreement of the parties.

2.2.4. In the event of termination of the Agency Agreement for reasons not including the unavailability of the Goods from the seller, the Agent retains the right to the agency fee for actions performed by it prior to termination of the Agreement.

2.3. The Principal undertakes:

2.3.1. to properly fill in the form on the Agent’s Website. At the request of the Agent or third parties engaged by the Agent for the execution of the instruction, to timely provide full information about himself/herself, as well as other information, data and documents necessary for the execution of the instruction under this Agreement;

2.3.2. to accept from the Agent everything performed under the instruction;

2.3.3. to pay the agency fee due to the Agent in accordance with the Agreement, as well as to reimburse the Agent all expenses incurred by it in the performance of this Agreement, including:

• expenses related to settlements for the Goods with sellers under transactions made in the Principal’s interests by the Agent;
• expenses for international carriage in accordance with the tariffs approved by the Agent;
• expenses for customs duties and fees;
• expenses for delivery to the Principal or the person designated by the Principal;
• additional expenses and taxes related to the Agent’s performance of obligations under this Agreement;
• expenses for commissions for accepting and transferring funds from the Principal and in the process of executing the instruction;
• expenses for storage of the Principal’s property held by the Agent or its counterparties at the tariffs of the Agent and/or its counterparties;
• other expenses incurred by the Agent in connection with the performance of this Agreement.

2.3.4. when placing an instruction, to make, via a payment aggregator, an advance payment of the agency fee and the amount of the Agent’s expenses to its account opened with the Agent’s bank, in an amount equal to 100% of the cost of executing the instruction specified in the “Cart” section on the Agent’s Website.

2.4. The Principal has the right:

2.4.5. The Principal has the right to withdraw from this Agreement in cases established by law, of which he/she shall notify the Agent by sending a written notice to the Agent at its email address or legal address. The Agreement shall be deemed terminated from the moment the Agent receives the Principal’s notice, unless a later termination date is specified in the notice.

2.4.6. In the event the Principal withdraws from this Agreement, provided the Agent has taken actions to arrange the conclusion of a retail sale and purchase agreement for the Goods, the Agent shall perform the instruction received and shall be entitled to withhold the amount of the agency fee and its expenses from the sum of funds to be refunded.

2.4.7. The Principal has the right to cancel the Instruction to the Agent before the Agent arranges the conclusion of the retail sale and purchase agreement for the Goods with the Seller. From the moment of receipt of the withdrawal from the Agreement, the Agent ceases performance of its obligations and returns the funds paid by the Principal, less the expenses incurred by the Agent pursuant to clause 2.3.3 of this Agreement.

2.4.8. From the moment the Agent has fulfilled the obligations provided for in clause 1.2 of this Agreement, withdrawal from the Agreement is not possible.

2.4.9. After arranging the conclusion of the retail sale and purchase agreement for the Goods, ownership of the Goods shall belong to the Principal. The Principal shall accept the Goods belonging to him/her at the time of their delivery to the address indicated by him/her.

2.5. The Agent does not provide services for the return delivery of goods from the Order to the Seller.

3. Price and Payment Procedure

3.1. The Principal shall pay the agency fee and reimburse the expenses related to the execution of the instruction in the amount specified in the “Cart” section on the Agent’s Website.

3.2. Payment of the agency fee, as well as the expenses listed in clause 2.3.3 of the Agreement, shall be made by the Principal by transfer to the Agent’s settlement account opened with the Agent’s bank, on a 100% prepayment basis in the amount specified in the “Cart” section on the Agent’s Website.

3.3. If this Agreement is not performed for reasons attributable to the Principal, the Agent retains the right to the agency fee, as well as to reimbursement of expenses incurred.

3.4. The Principal shall order Goods and make payments personally, using payment means belonging to him/her.

3.5. If this Agreement is not performed due to the unavailability of the goods from the seller, the Agent shall refund to the Principal the sum of money received from the Principal in full.

4. Document Management

4.1. The Agent’s report under this Agreement shall be deemed to be the information posted by the Agent in respect of the Principal’s instruction in the Personal Account, the transport waybill of the logistics company (or a similar document), and the Agent’s cash receipt. The Agent’s final report is generated in the Personal Account within one month from the handover of the goods.

4.2. Acceptance of the Agent’s report shall be carried out by the Principal by confirming the acceptance of services or receipt of the Goods in the Personal Account. If no objections are received from the Principal within 30 (thirty) days from the date of receipt of the Goods, the Agent’s report shall be deemed accepted without remarks.

4.3. The Parties have agreed that documents drawn up under this Agreement shall be prepared in the form of an electronic document, unless otherwise expressly provided for in this Agreement.

4.4. An electronic document signed with an electronic signature shall be recognized as equivalent to a paper document with a handwritten signature, provided that this does not contravene the provisions of applicable law.

5. Liability of the Parties

5.1. The liability of the parties in all cases shall be determined in accordance with this Agreement, unless otherwise provided by the mandatory rules of applicable law.

5.2. The Agent shall not be liable for the actions or omissions of third parties, including but not limited to sellers, carriers, customs authorities, or for consequences arising from such actions or omissions.

5.3. The Principal understands that the Goods sale and purchase agreement is concluded with a foreign Seller.

5.4. The Agent shall be released from liability for breach of obligations under the Agreement if such breach is due to non-performance or improper performance of the Principal’s counter-obligations.

5.5. The Agent is not the seller of the Goods and shall not be liable for the quality, obvious or hidden defects, completeness, conformity of the Goods to the stated characteristics, as well as the Principal’s expectations. The Principal acknowledges that the acquisition of the Goods under his/her Instruction is carried out abroad, and the Agent cannot be liable for failures or restrictions in the operation of certain functions of the Goods, including those established by the manufacturers of such Goods. If it is necessary to return the Goods or make other claims, the Principal contacts the Agent via the Personal Account or email.

5.6. The Agent does not provide warranty obligations to the Principal in relation to the goods; warranty periods, other warranty and other obligations are determined in accordance with the rules and conditions of the foreign online store.

5.7. Responsibility for the correctness and completeness of the information specified in the declaration drawn up on the basis of data provided by the Principal to the Agent shall be borne by the Principal.

5.8. The Principal is liable for the security of his/her access credentials to the Personal Account, as well as for all actions performed using his/her account. In the event of loss or compromise of the login and/or password, the Principal shall immediately notify the Agent. Prior to receipt of such notification, the Agent is entitled to consider that all actions performed using the Principal’s account have been performed by the Principal personally.

6. Force Majeure

6.1. The Parties shall be released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance was the result of force majeure circumstances arising after the conclusion of this Agreement that the Parties could not foresee or prevent. Force majeure circumstances include, in particular: fire, flood, earthquake, hurricane, epidemic, embargo, prohibitions on the export and import of goods, prohibitions on currency conversion and/or circulation, strike, state of emergency, military actions and special operations, adoption by a state authority/administration and/or local self-government body of legal and/or law-enforcement acts resulting in the impossibility of performing this Agreement, and other actions beyond the reasonable foresight and control of the Parties.

6.2. In the event of the occurrence of the circumstances provided for in clause 6.1 of this Agreement, the time for performance of obligations under this Agreement by the Party shall be extended commensurately with the time during which such circumstances and their consequences are in effect.

6.3. If the circumstances listed in clause 6.1 of this Agreement and their consequences continue to apply for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative ways of performing this Agreement.

7. Amendment Procedure and Term of the Agreement

7.1. This Agreement comes into force from the moment of acceptance and remains in effect until the Parties have fully performed their obligations. This Agreement shall terminate early upon the Agent’s full performance of the Principal’s instruction.

7.2. By concluding this Agreement, the Principal instructs the Agent, at the Agent’s discretion and in the interests of the Principal, not to perform the instruction upon the occurrence of the following circumstances:

• absence of the Goods declared by the Principal from foreign sellers at the price and/or characteristics indicated by the Principal;
• refusal of the foreign seller to provide the Goods declared by the Principal;
• violation by the foreign seller of the conditions for providing the Goods declared by the Principal, which prevents the Agent from fulfilling its obligations to the Principal within the amount paid by him/her;
• actions of third parties preventing the Agent from carrying out the Instruction, including actions of state authorities, counterparties and other persons affecting the performance of the Principal’s Instruction;
• imposition or availability of information on the impending imposition of sanctions restrictions regarding the carriage of the Principal’s order;
• in other cases of imposition of sanctions.

The Principal agrees that the occurrence of the above circumstances indicates the objective impossibility of the Agent to arrange the acquisition of the goods. The Agent cannot reasonably foresee such circumstances, and they are beyond its control. In such a case, the Agent shall refund the Principal the entire cost of the Instruction, including the cost of the goods and the agency fee.

7.3. If it is impossible to execute the instruction for delivery of the goods to the selected address, the Principal instructs the Agent to arrange delivery of the goods to the branch of the postal operator nearest to the selected address.

7.4. The Agent reserves the right to make any changes to the text of this Agreement. The terms of this Agreement may be amended by the Agent unilaterally in a non-acceptance procedure and shall apply to instructions given to the Agent after the introduction of the amendments. The Principal undertakes to review the text of the Agreement before giving each instruction. The Parties confirm that posting the Agreement on the Agent’s Website is sufficient to consider that the changes originate from the Agent. This Agreement is concluded by the Principal’s unconditional accession to it, and the Principal has no right to amend and/or supplement it.

7.5. By agreeing to the terms of the Parties’ interaction set out in this Agreement, the Principal assumes the obligation to comply with them unconditionally and bears full independent material liability for such compliance.

7.6. By agreeing to the terms of this Agreement and checking the corresponding box in the Personal Account on the Agent’s Website, the Principal confirms that prior to giving the instruction he/she has read this Agreement in full and agrees to all its terms without any changes and/or additions.

8. Final Provisions

8.1. In the event of disputes arising under or in connection with this Agreement, the Parties shall take all measures to resolve them by submitting a claim. The Principal has the right to submit a claim regarding loss, shortage, damage (spoilage) and other violations of his/her rights, no later than 30 days from the date of receipt of the Goods, and if the Goods have not been transferred to the Principal – within 30 days from the day when the Goods were to be transferred to the Principal. The time limit for responding to a claim is 30 days, unless otherwise provided by law. The Parties hereby agree that responses to claims and inquiries of the Principal shall be sent by the Agent to the Principal’s email address indicated in his/her registration data.

8.2. If it is impossible to resolve these disputes through negotiations, any dispute, disagreement or claim arising out of or in connection with this Agreement, including those related to its breach, conclusion, amendment, termination or invalidity, shall be resolved in court.

8.3. If the Principal provides inaccurate data about himself/herself or otherwise breaches the Agreement such that the Agent cannot perform its obligations, or if there are circumstances clearly indicating that such breaches will not be remedied by the Principal within a reasonable time, the Agent has the right to suspend the performance of the Principal’s instructions, suspend the operation of the Principal’s Personal Account pending clarification of the reasons, or withdraw from the performance of this instruction and demand compensation for losses.

8.4. In all matters not provided for in this Agreement, the Conditions for the Sale of Goods from Abroad (Appendix No. 1) and the norms of the current legislation of Germany shall apply.

Appendix No. 1 to the Subagency Agreement

Terms of the Sale of Goods from Abroad

Orders of Goods from abroad

Goods from abroad are delivered to the Buyers directly from the Seller from abroad.

Payment of orders

Goods from abroad are paid by the Buyer online by making an advance payment when placing an order on the website. Payment from a legal entity or payment after receipt is not provided.

Customs clearance

When ordering Goods from foreign Sellers, additional rules, conditions and laws apply.

Customs duty

Customs duty is a mandatory payment that customs authorities charge when Goods are transported across the border. The duty shall be paid by the Buyer to the State.

Terms of release of the parcel from customs

The parcel goes through customs in the countries of origin and destination. The terms of customs clearance in each of the points average from 2 to 3 business days, but can be extended by the customs service. If all the information is filled out correctly, the Goods will pass customs clearance without delay.

Passport details of the Buyer

For orders from abroad, the Buyer must provide upon request the to the Agent or Subagent with passport details for customs clearance. Without these details, it will not be able to pass customs clearance.

When declaring Goods for personal use, the carrier or customs fill out a passenger customs declaration.

When placing an order, the Buyer indicates the nationality.

Depending on the citizenship, the Buyer fills in his passport details or attaches the necessary documents.

In case of an error in the passport details, the customs clearance of the parcel is not possible.

Errors in passport details

The Agent sends a notification if errors are found in the passport details. It is the Buyer's responsibility to correct errors within 24 hours of notification. If the passport details are correct but not verified the Buyer must attach a PDF copy of the passport to the data collection form.

Customs or the carrier may contact you and re-request details if:

• the details were checked, but the customs rejected them;
• you attached a copy of the documents, but the customs rejected them;
• customs did not accept outdated details.

Changing an order from abroad

You cannot add a Good’s to an already placed order.

If the order has not yet moved to the "Purchased" status, the Buyer has the right to cancel it on the website in the Orders section.

Order Cancellation

The Buyer can cancel the order before its status changes to "Purchased".

If the Seller has confirmed the order and transferred it to the "Purchased" status, it is not possible to cancel the delivery.

The Buyer cannot cancel the order if it has already been delivered, unless it contradicts the legislation of the Buyer's country.

Changing the phone and recipient of the order

You cannot change the phone number or the recipient after placing an order. The Agent sends this information to the Subagent 's delivery service for customs clearance.

Delivery terms

Goods from the Foreign Goods category are delivered from abroad.

The Goods are delivered from Subagent’s warehouse, therefore the delivery time is indicative.

It is not possible to change the delivery date.

At the time of delivery of the Goods by Transport Operator (courier service), the Buyer has the right to agree with the courier a convenient time and date of delivery.

Restrictions on postal exchange from abroad

There may be delays in mail exchange.

The actual delivery time must be specified on the website of the postal operator.

Order status

After sending the order by the Subagent, the order is assigned a track number.

The order may not be tracked immediately after dispatch, even if it has a track number.

It may take a few days for the order status to update.

For international deliveries, the order status may not be updated for up to 25 days.

The carrier will report if there are delays.

The status of the shipment can be tracked by the track number on the website of the delivery service.

Receiving an order

It is impossible to receive an order without producing a passport.

Change of delivery address.

You cannot change the delivery address after placing an order.

The Buyer has the right to agree on the delivery details with the Transport Operator (courier) delivering the order after the order is transferred to the Transport Operator (courier) service for delivery to the Buyer.

Return of Goods after receiving the order

After receiving the Goods of proper quality and if the buyer receives the status of "Purchased", the buyer has no right to cancel the Order.

After receiving the goods of proper quality, in proper, appropriate form and configuration, it is impossible to return the goods to the Seller. [Unless it contradicts the legislation of the Buyer's country.]

Return periods for goods of unsatisfactory quality

Within 1 (one) day it is possible to return food of inadequate quality.

Within 3 (three) days, it is possible to return any product, if you have a claim to the execution of the order: the wrong product was brought, size or color; part of the kit is missing; at the time of delivery, the expiration date has expired or the product was damaged during delivery.

Within 7 (seven) days, it is possible to return Goods of inadequate quality: perfumes and cosmetics; digital goods on physical media; non-periodical publications albums, cartographic and musical publications, sheet publications, calendars, booklets, publications reproduced on technical media;

and within 14 (fourteen) days for technically complex Goods of inadequate quality.

Order cancellation request. Return request

If the Buyer has received an order, then it will not be possible to cancel the order, the money will not be returned automatically. If there are grounds established by the terms for the sale of Goods from abroad, the Buyer has the right to submit an application for the return of the Goods.

Unclaimed orders

If the Buyer does not pick up Good, the order for such Good shall be deemed to have been fulfilled by the Subagent.

Procedure for Allocation of Incidental Expenses

Expenses associated with the storage or disposal of the Goods, or other expenses, in the event the Order is not claimed by the Customer, shall be borne in full by the Agent.

Expenses associated with the storage or disposal of the Goods, or other expenses, in the event (1) the Goods do not conform to the characteristics in the Product Listing; (2) the Goods do not conform to the Order; (3) the Goods are of non-conforming quality, shall be allocated equally between the Subagent and the Agent

A refund

If the Buyer canceled the order according to the terms for selling goods from abroad, before it is confirmed by the Subagent, the money will be returned within 3-20 days to the account from which the Order was paid. The crediting period depends on the operation of the bank or payment system used by the Buyer to pay for the order.

Photos of the Product to be returned, with a description of the reason

When sending a refund request to the Agent, the Buyer must attach clear photographs of the returned product, taken in good light, with a detailed description of the reasons for the legality of the return (damage to the product, received the wrong product, expired shelf life, possible replacement, etc.), including photographs of defects, photographs of the entire product, photographs of the markings applied to the product, designations and barcodes on the product, the packaging in which the order was delivered, a photo of the receipt, and the order number on the website. The application must contain a clear request from the client (full compensation/refund/discount/other).

Return approval by the Seller

A decision on the refund request must be made within 10 days.

If the Seller needs additional information to make a decision, Agent must contact the Buyer by e-mail. The application processing time may be extended. After consideration, the Seller may: if there are grounds to refuse to return the Goods, offer partial compensation without sending the Goods, approve the application in full and ask the Buyer to send the Goods.

Return of Goods from abroad to the Seller

The Agent must send the Buyer the information to send the Goods abroad.:

Recipient, Country, City, Zip code: Address: all other information — district, street, building and building number.

The cost and order of sending the Goods abroad must be clarified by the Buyer in the postal service or express delivery services.

The return of the Goods abroad is paid by the Buyer.

The Buyer is compensated for the cost of returning the Goods if (1) The Goods do not match the characteristics on the Product Card; (2) The seller sent the wrong size or Product; (3) There is an act from the service center that confirms the factory defect of the Product.