1. Premise and application of the General Conditions
The present general terms and conditions of sale (henceforth "General Conditions") concern the discipline of the purchase of products and services, made remotely and available via computer network through the site http://exitpocketwp.com (henceforth, “Website) in compliance with the applicable Italian regulation (d.lgs 206/2005 and subsequent amendments) (henceforth “Consumer code”).
The products vendor and owner of the Website:
The consumer accessing the Website to make a purchase (henceforth “Client”) shall read carefully these Terms and Conditions available on the Website, also available any time via the link that can be found in the confirmation email following every order, ready to be reproduced and stored.
If a subject purchasing on the Website requests an invoice, and/or is not a “consumer or user” according to the definition given by art. 3(1)(a) of the Consumer Code, the withdrawal regulation (art. 7 and 8 of these General Conditions) will not be applied; and, more generally, all the provisions that according to the Consumer Code are only applied to “consumers” will not be applied.
Contracts concluded with Emodial S.r.l. through the Website are subjected to these General Conditions in accordance to the Italian regulation. The viable language to conclude the contract is Italian.
2. Choosing and ordering the Products
Characteristic and prices of the products available on the Website (henceforth “Product” or “Products”) are given on the page relative to each product.
By dispatching the order, which is valid as a contract proposal by now, from the Website, the Client acknowledges and declares having read all the indications provided during the purchasing procedure and to fully accept these General Conditions and conditions of payment reported.
The contract between Emodial S.r.l. and the Client is concluded with the acceptance of the order by Emodial S.r.l. This acceptance is communicated to the Client via an email confirming the order itself and including a reference to these General Conditions, the order number, shipping and billing information, the list of the products ordered and their essential characteristics and the total price, delivery costs included. Once the contract is concluded, Emodial S.r.l. will process the purchase order and the buyer will be able to review his order by accessing to his profile and to the specific section.
Once received the order, Emodial S.r.l. will check the stock's availability in order to process the order. If one or more Products are not available, the Consumer Service Emodial S.r.l. will promptly send a communication to the Client via email. In the next 12 hours the Client may choose to reply and confirm the shipment of any other available Products or to cancel it. If the Client does not reply within the deadline, the order will be considered confirmed and the available Products will be shipped. In this case, the amount relative to the unavailable product will be reversed or, anyhow, depending on the chosen payment method, will not be charged to the Client.
3. Products information
Information and characteristics related to the Products are available on the Website.
The visual representation of the Products on the Website, where available, normally consist of the photographic image accompanying the description of the product. The image of the Products has the sole purpose of presenting them for sale and cannot perfectly represent their characteristics and qualities, but it could differ in colours and sizes. In the event of a discrepancy between the image and the written description of the product, the latter prevails.
4. Prices e shipments
There is no minimum order limit to make a purchase on the Website. The prices of the products include all the taxes and fees. All prices are in $. Shipment costs start from 9.90 $.
5. Payment and billing methods
5.1 Payment methods
The Client can pay the price of the Products and the related delivery costs by Credit Card, PayPal.
The Website doesn't store the credit card number; when he pays by credit card the Client will not be charged with any extra fee.
Once the order is confirmed, you will be redirected to the PayPal website where you can pay through your account or using a card, including a prepaid card, or by any means accepted by PayPal under the required conditions.
5.2 Billing method
If the buyer is a professional person or a company, an invoice can be requested by ticking the appropriate box during the order procedure and inserting the requested data needed for the invoice. In this case, the invoice will be sent at the provided address via email. The professional personal is responsible for the proper insertion of the billing information and acknowledges that, if he fails to request the invoice in phase of order, he will not be able to request the invoice later.
6. Transport and Delivery
The Products purchased on the Website will be delivered at the address provided by the Client during the purchasing procedure.
All the purchases will be delivered via express courier (henceforth “Courier”), from Monday to Friday, except on public holidays and national holidays. Emodial S.r.l. is not liable for delays which are not foreseeable or attributable to the company itself.
Once the Products are shipped, the Client will receive a confirmation email containing the link for tracking the shipment.
In any case, except under exceptional circumstances or force majeure, the Products ordered will be delivered within 14 (fourtheen) working days from the day after Emodial S.r.l. has confirmed the order to the Client via confirmation email.
7. Right of withdrawal
The Client has the right to withdraw from the contract of purchase, without having to give any explanation and without any penalty. To exercise this right, the Client shall send a notice to Emodial S.rl. within 14 days from the day of receipt of the Products; if the Client wishes to exercise the right before having received the Products, the notice of withdrawal shall be sent at any moment before the receipt.
Such notice shall be sent by registered mail with advise of receipt addressed to:
Via Finati 4A - 44124 Ferrara
Once the notice is received, Emodial S.r.l.'s Customer Service shall start to process the return of the Product and communicate to the Client the instruction on how to return the Products via a courier indicated by Emodial S.r.l. itself.
The right of withdrawal follows the following conditions:
I. The right applies to the Product purchased in its entirety; it is not possible to exercise withdrawal only on a part of a product.
II. If the withdrawal is exercised, Emodial S.r.l. shall reimburse the Client for the entire amount paid for the returned Product, shipment costs excluded, within 14 working days from the day of receipt of the notice of withdrawal, without prejudice to the right of Emodial S.r.l. to suspend the repayment until the goods are actually received. The repayment shall be made with the same payment method utilized by the Client.
8. Warranty and Defects of conformity
In the case of defects of conformity of the Product sold by Emodial S.r.l. the Client shall immediately contact the Customer Service with the specific contact form.
The Client is entitled to choose – at his own discretion and only if the typology of the Product allows it – whether to have the product restored to conformity by repair/replacement, without cost, or to be granted a suitable price reduction or the resolution of the contract. This rights expire if the Client does not report the defect of conformity to Emodial S.r.l. within 14 days from the receipt of the product.
9. Errors and limits to liability
The Product information provided through the Website are constantly updated. It is, however, impossible to guarantee the complete lack of errors, for which Emodial S.r.l. cannot be considered liable, except in case of specific intent or gross negligence.
Emodial S.r.l. reserves the right to correct mistakes, inaccuracies or omissions even after the dispatch of an order, or to modify or update the information at any moment without prior notice, without prejudice to the right of the Client in accordance to these General Conditions and to the Consumer Code.
Except in case of specific intent or gross negligence, it is excluded any right for the Client to be compensated for the damage, as well as any contractual or extra contractual responsibility for direct or indirect damages to persons and/or things, caused by non-acceptance, even partial, of an order.
Any complaint shall be addressed to Emodial S.r.l. through the specific contact form, or through registered mail with advice of receipt addressed to:
Via Finati 4A- 44124 Ferrara
Emodial S.r.l. undertakes to answer to all the requests received within 7 working days.
11. Applicable law and Jurisdiction
The contract of sale between the Client and Emodial S.r.l. is concluded in Italy and regulated by the Italian Law. For any dispute arising from this Agreement or related to it will be competent the Court of the place of residence of the Client or his domicile, if the Client is a consumer according to the Consumer Code; in any other case, the only competent Court is the Court of Ferrara.
Pursuant to article 1341 c.c., the Client declares that he has read and accepted the following articles of these General Conditions: 6 (liability for delivery delays), 10 (entitlement to correct errors – exclusions of liability).