1. Introduction and Effectiveness of the General Conditions

These General Conditions of Sale (hereinafter, “General Conditions”) govern the purchase of products and services, made remotely and made available via the internet, from the website exitpocketwp.it (hereinafter, the “Site”).

The seller of the products and owner of the Site is: Emodial S.r.l. with registered office at Via Finati 4/A- 44124 Ferrara – Italy, VAT No. 01368670384 registered with the Ferrara Companies Register, REA Number: 15693 – Email address: info@emodial.it (hereinafter “Emodial”).

This contract is intended to regulate sales between Emodial and the following types of buyers (hereinafter, the Customer):
– “professional” buyers, meaning purchasers intending to buy Emodial products for resale within the context of their professional activity and/or for purposes connected to the exercise of their professional activity;
– private clients falling under the definition of “consumers” as they do not intend to purchase the products covered by these Conditions for purposes related to the exercise of any professional activity, but for personal and/or private use.

Therefore, depending on the type of Customer involved in the purchase procedure governed by these Conditions, the conclusion and execution of the contract between the Parties will take place in compliance with the legal provisions on sales and electronic commerce and, in particular, in the event that the Customer belongs to the category of “consumers”, in application of the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and integrations (hereinafter, “Consumer Code”).

The Customer is aware that, also for the purposes of applying the correct legislation to them, they will specify their category of belonging, namely “professional buyer” or “consumer”, at the time of registration on the Site by providing their personal and tax data and creating their own personal account to access the purchase procedure governed by these Conditions.

The Customer accessing the Site to make purchases is required, before sending the order, to carefully read these General Conditions which have been made available to them on the Site and which will be accessible at any time by the Customer also through the link contained in the confirmation email of each order to allow them to reproduce and store them.

It is understood that placing the purchase order through the Site implies total and absolute knowledge of these General Conditions of Sale and their full acceptance: the Customer, by ticking the box indicated on the Site, unconditionally accepts and undertakes to comply with these General Conditions of Sale in their relations with Emodial, as well as the payment conditions illustrated below, declaring that they have read and accepted all the indications provided to them, and also acknowledges that Emodial is not bound by conditions other than these unless previously agreed in writing between the Parties.

Contracts concluded with Emodial through the Site are governed by these General Conditions in compliance with Italian law. The language available for concluding the contract is Italian.

In the event of changes to the conditions, the purchase of Products will be subject to the General Conditions published on the website at the time the Customer sends the booking request.

2. Pre-contractual Information

Before concluding the purchase contract and sending the order, the Customer receives the following information:
– details and professional contacts of Emodial (also indicated in art. 1 of these Conditions);
– price of the goods, including taxes, indication of delivery costs and any other additional costs;
– payment methods;
– delivery time of the goods to the Customer;
– conditions and terms for exercising the right of withdrawal (art. 9 of these Conditions);
– conditions of after-sales assistance and commercial guarantees provided by SATIVA.

The information and characteristics relating to the Products are available on the Site. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves is solely for the purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in colour and size from the original Products.

The images of the products on the Site www.exitpocketwp.it therefore do not constitute any commitment and/or contractual obligation on the part of Emodial.
In case of a discrepancy between the image and the written product sheet, the description of the product sheet made available on the Site at the time of purchase shall always prevail.

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Emodial cannot be held responsible, except in cases of wilful misconduct or gross negligence.

Emodial reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the rights of the Customer under these General Conditions and the Consumer Code.

3. Selecting and Ordering Products

The characteristics and price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.

To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site.
In particular, the submission of the order by the Customer on the Site takes place according to the following procedures:
1. The Customer selects the products and the desired quantities and places them in the cart;
2. The Customer views in the cart the summary of the selected products, being able, if necessary, to modify the quantities and/or waive the selected products;
3. Once aware of the delivery costs and before confirming the order, the Customer is invited to read and accept these General Conditions of Sale and the Privacy Policy adopted by Emodial, by ticking the box indicated on the Site;
4. Subsequently, the Customer chooses the payment method from those provided on the Site and confirms their order.

The contract concluded between Emodial and the Customer is to be considered concluded with the acceptance of the order by Emodial.

This acceptance is communicated to the Customer through an order confirmation email containing, respectively, a link to these General Conditions, to be downloaded and stored, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs.

Upon receipt of the email, the Customer undertakes to verify the correctness of the personal data provided, proceeding, in case of errors, to promptly communicate the necessary corrections to Emodial.

Once the contract is concluded, Emodial will process the purchase order and the buyer will be able to view the orders placed by accessing their profile and consulting the appropriate section.

Once the order is received, Emodial will check the availability of stock for the fulfilment of the order itself. In the event that one or more Products are not available, Emodial’s Customer Service will promptly send an email communication to the Customer who, within the following 12 hours, will have the option to respond to confirm the shipment of any other available Products or cancel it. In the absence of a response within this period, the order will be considered confirmed and the available Products will be shipped.
In case of unavailability and/or cancellation of the order, the amount relating to the missing Products will be refunded or, depending on the chosen payment method, will not be charged to the Customer.

Any right of the Customer to compensation for damages and/or indemnity, as well as any contractual or non-contractual liability of Emodial for direct or indirect damages to persons and/or property, caused by the non-acceptance and/or non-fulfilment, even partial, of an order, is excluded.

4. Product Prices

The product prices displayed are inclusive of VAT according to current legal provisions (rate of 22% and 4% as per Law 3 August 2013 No. 90). The price of each product, as well as the amount of shipping costs, are communicated to the Customer at the time of the conclusion of the contract. All prices are expressed in Euros.

The Customer receives, at the time of the execution of the contract, written confirmation of the ordered product, the amount paid, with the detail of the product price and the shipping costs charged to them, as well as, where the Customer falls among consumers under Legislative Decree 206/2005, the existence of the right of withdrawal, the times and methods for returning the goods, the address for submitting any complaints and information on existing assistance services and commercial guarantees.

5. Purchase with Reduced VAT Rate of 4%

All Products are eligible for the application of the reduced VAT rate of 4% reserved for individuals with disabilities. To benefit from this tax relief, the Customer must proceed as follows.

a. Instructions for submitting the required documents:
Complete the order up to phase 1 “Cart”: then upload the documents listed below in the “Are you entitled to VAT relief” box by clicking the “upload” button.
b. Required documents:
– Copy of the certification attesting to the functional disability issued by the competent ASL company (both the civil disability certificate and the handicap certificate are valid);
– Self-certification completed and signed by the Customer;
– Photocopy of a valid identity document and tax code.

If the Customer has not uploaded the correct documents, they will be contacted by one of our operators. The order will remain blocked to allow verification of the correctness of the documents. Should the Customer be found not entitled to the application of the reduced VAT, the order will remain blocked until the payment of the missing VAT amount.

6. Payment Methods and Invoicing

6.1 Payment Methods
The Customer may pay the price of the Products and the related delivery costs by Credit Card, PayPal, Bank Transfer, Prepaid Cards.

A) Credit Card
The circuits on which it is possible to purchase within the Site are:
– Visa/Visa Electron;
– Mastercard/Maestro;
– American Express;
– Aura;
– Discover.
The Site does not store the Customer’s credit card number; no additional cost will be charged for payment by credit card.

B) PayPal
Once the order is confirmed, the Customer will be redirected to the PayPal Site where they can make the payment with their account or using a card, even prepaid, or in any case according to the methods accepted by PayPal and in compliance with the related Conditions.

C) Bank Transfer
The Customer must make the transfer within 3 working days from the date of the order. If this does not occur, the order will be cancelled and the goods made available again for purchase by other Customers.
Beneficiary of the transfer:
EMODIAL S.r.l.
IBAN: IT74I0200813030000001161621
BIC/SWIFT: UNCRITM1NR0
Bank: UNICREDIT
The reason for the transfer must indicate the order number available in the confirmation email.

6.2 Invoicing of Orders
The invoice will be issued following each order. During the order procedure, you will be asked to enter the billing data including tax code and/or VAT number. The invoice will be included in the shipping package. The Customer is responsible for the correct entry of billing data.

7. Transport and Delivery

The minimum order quantity consists of one box. The individual items contained in a package cannot be sold separately. Product prices include all taxes and duties. All prices are expressed in Euros. The shipping contribution is €10.98 throughout the national territory, for orders over €366 shipping is free.

Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate field. Delivery will be made only after the regular registration of the payment of the related order and after verification of the uploaded documents (e.g., VAT relief document).

All purchases will be delivered by highly qualified express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Emodial is not responsible for unforeseeable delays or those not attributable to it. Once the Products are shipped, the Customer will receive a confirmation email including a link for tracking the shipment.

The service provides for 2 delivery attempts to the address indicated at the time of order. After the first failed delivery attempt, a notice of non-delivery will be left with references to contact the courier. The package will remain at the courier’s depot for 3 days without any additional cost. During this period, it will be possible to contact the courier to arrange another delivery attempt.

8. Product Compliance and Limitation of Liability

Except in cases of wilful misconduct or gross negligence, EMODIAL shall not be liable to the Customer in any way as a result of:
– damages or losses caused by the Products (or their use by the Customer), without prejudice to the application of mandatory legal provisions on producer liability;
– damages not caused by EMODIAL’s breach;
– loss of business or commercial opportunities.

Within the limits specified above, EMODIAL’s liability shall not exceed the price paid by the Customer for the product that caused the damage.
EMODIAL will replace free of charge any Product that has been damaged or lost during the shipment carried out by our shipper, provided that:
– the Customer has communicated in writing the damage or loss within 24 hours following the delivery date (in the case of damage) or within 24 hours following the anticipated delivery date communicated to the Customer at the time the order was placed (in case of loss), to allow us to avail ourselves of the remedies provided by the Shipping Conditions applied by our shipper;
– the Customer provides EMODIAL (in case of product damage) with the receipt or other document relating to the product in question, together with the original packaging.

9. Right of Withdrawal for the “Consumer” Customer pursuant to Legislative Decree 206/2005

The Customer who has qualified as a “consumer” at the time of registration has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, subject to the exclusions provided in the following point III. To exercise this right, the Customer must send a communication to Emodial within 14 days from the date of receipt of the Products. If the Customer intends to exercise the withdrawal before receiving the Products, the withdrawal communication can be sent at any time before their receipt.

This written communication must be sent by registered letter with acknowledgment of receipt to the address: Emodial S.r.l., Via G. Finati 4/A, 44124 – Ferrara, indicating the intention to withdraw, citing the list of purchased item codes intended for return, possibly indicating the reasons for exercising the right of withdrawal and attaching a copy of the purchase invoice (accompanying invoice) and a copy of the goods receipt document.

The communication can also be sent, within the same term, by email to the address acquisti@exitpocketwp.it provided it is confirmed by registered letter with acknowledgment of receipt within the following 48 (forty-eight) hours.

Emodial’s Customer Service will, upon receipt of the communication, open a case for the management of the return and communicate to the Customer the instructions on how to return the Products, which will be carried out via a courier indicated by Emodial itself.

The goods can be returned provided that:
– the above terms are respected;
– the products have not been used or damaged;
– the return is made using the original intact unopened packaging;
– the returned material is accompanied by the courier’s delivery note and a copy of the accompanying invoice;
– the transport related to the return is at the buyer’s expense.

The right of withdrawal is governed by the following Conditions:

I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.

II. In case of exercising the right of withdrawal, Emodial will refund the Customer the entire amount of the returned goods, excluding shipping costs where applicable, within 14 days from the date the withdrawal communication is received, without prejudice to Emodial’s right to suspend the refund payment until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In case of bank transfer, it will be the Customer’s responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank, and IBAN).

III. The right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
– Order of Products made to measure or clearly personalized;
– Order of sealed Products (see sticker on the box) that are not suitable for return for hygiene or health protection reasons or that have been opened after delivery;
– Product damaged for reasons other than its transport.

In cases of exclusion of the right of withdrawal, Emodial will return the purchased Products to the Customer, charging the shipping costs to the Customer.

10. Warranty and Defects of Conformity

Defects of conformity are understood as the absence in the product of the promised characteristics, characterizing the product from the outset.
Defects of conformity do not include, with consequent exclusion of any liability on Emodial’s part, all product defects resulting from incorrect use and/or poor storage conditions attributable to the Customer.

In case of defects of conformity of Products sold by Emodial, the Customer must immediately contact Customer Service using the appropriate contact form available on the Site.

In particular, in case of defects of conformity of the product and/or purchased products, the Customer, depending on whether they are a professional buyer and/or consumer, may, where applicable, benefit from the warranty provided by Emodial under the following Conditions:

a) Warranty in favour of the “consumer” Customer pursuant to Legislative Decree 206/2005 (“Consumer Code”)
In this case, the legal warranties provided by articles 129, 130, and 132 of the Consumer Code apply to the sale of Products.
In particular, the warranty can be asserted by the Customer within 2 years from the delivery of the product(s).
For the purpose of benefiting from the warranty, the Customer is required to report the defect of conformity to Emodial within two (=2) months from the date the defect was discovered, provided that it is not a Product that by its nature is perishable or subject to expiration in a shorter term, in which case the defect must be reported within that reduced term.
The Customer has the right, at their choice and provided that the type of Product allows it, to the replacement of the Product itself or to an adequate reduction of the price, or to the termination of the contract.

B) Warranty in favour of the “professional buyer” Customer
In this case, the application of the reference rules of the Consumer Code is excluded.
In case of defects of conformity of the product(s), the Customer must report them to Emodial within eight (=8) days from discovery. In any case, the warranty can be asserted by the Customer within 1 year from the delivery of the product(s), within which, having promptly reported any defects, the Customer may request Emodial, at their choice and provided that the type of Product allows it, to the replacement of the Product itself or an adequate reduction of the price, or to the termination of the contract.

11. Complaints

Any complaints must be forwarded to Emodial using the appropriate contact form, or by registered letter with return receipt to the following address:
Emodial S.r.l.
Via Finati 4A
44124 Ferrara
Italy
Emodial undertakes to respond to all requests received within a maximum of 7 working days, excluding holiday periods and/or factory closures.

12. Intellectual Property Rights

The total or partial reproduction, modification, or use of the “EMODIAL” trademark and the design of the products sold by EMODIAL on the website www.exitpocketwp.it are strictly prohibited.
The total or partial reproduction, modification, or use of designs, models, and patents present on the website www.exitpocketwp.it are also strictly prohibited.

13. Issues with Web Page Viewing

The Customer must independently equip themselves with devices and programs suitable for connecting to the Internet.
Emodial assumes no responsibility for disruptions attributable to force majeure or fortuitous events, even if dependent on malfunctions and disruptions of the internet network, in the event that it fails to execute the order within the timeframes provided by the contract.
If the Customer is unable to view part or all of the Site, no charge or liability for any alleged loss and/or damage can be attributed to EMODIAL.

14. Applicable Law and Jurisdiction

The sales contract between the Customer and Emodial is deemed concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution, or termination of these General Conditions or individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the exclusive jurisdiction will be the court of their place of residence or domicile, if located in Italian territory.
In all other cases, the territorial jurisdiction is exclusively that of the Court of Ferrara, excluding any other competent court.

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Pursuant to article 1341 of the Civil Code, the Customer declares to have read and specifically accept the following articles of these General Conditions: 6 (liability for delivery delays), 10 (right to correct errors – exclusions of liability).