GENERAL CONTRACT CONDITIONS (BTC) – E-COMMERCE POEMIA BAG

GENERAL PROVISIONS

These general conditions, available to the consumer for reproduction and storage pursuant to Dir. 2011/83/EU – Dir. 2000/31/EC – Reg. 524/2013, have as their object the purchase of products, carried out remotely, via telematic network, via the e-commerce platform https://www.poemiabag.com/. Unless otherwise agreed, the application of other contractual conditions is not envisaged.

These general conditions of sale apply to users who fall within the definition of “consumers”, as per Dir. 2011/83/UE – Dir. 2000/31/CE – Reg. 524/2013, who make purchases through the e-commerce platform https://www.poemiabag.com/, allocating the purchased product exclusively for private use; Poemia will therefore not process orders from persons other than consumers.

For the sake of clarity, the consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed to either his commercial or his independent professional activity. The professional, on the other hand, is any natural or legal person or a partnership with legal capacity who, in concluding legal transactions, acts in the performance of his independent professional or commercial activity.

ARTICLE 1 - DEFINITION AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS

POEMIA SRL (hereinafter referred to as "the Company" or "POEMIA"), a private limited liability company under Italian law, with its registered office at Via G. Puccini 22, registered with the Brescia Chamber of Commerce under REA number 597355, VAT number 04214690986, email: amministrazione@poemia.com, is the owner of the e-commerce website located at: https://www.poemiabag.com/ (hereinafter referred to as "the Website").

The Company operates a retail business through the Website, offering fashion products and accessories online. The Website provides consumers with free access (except for any applicable connection charges) to an online catalog featuring products manufactured by the Company or carefully selected third parties, as well as an online ordering and payment system, subject to the Customer's acceptance of these General Terms and Conditions of Sale (hereinafter referred to as "GTC").

All orders placed through the Website, along with any related services, are strictly subject to these GTC, which constitute the full and exclusive agreement between the Company and the Customer during their use of the Website.

By placing an order, the Customer fully and unconditionally accepts these GTC without exception.

The Customer must carefully review these GTC before completing the purchase process. Placing an order and making an advance payment imply full knowledge and acceptance of these terms.

POEMIA shall not be bound by any conditions other than those stated herein unless previously agreed to in writing.

ARTICLE 2 – PRODUCTS SOLD ON THE WEBSITE

The Website is an online store offering fashion products and accessories. The essential characteristics (both qualitative and quantitative) of the Products are described on the Website. All Products are sold as new.

The Company expressly reserves the right to introduce new Products at any time, remove some or all of the Products available or displayed on the Website, modify their presentation, or discontinue their sale on the Website, without prior notice or obligation to justify these changes to Customers.

ARTICLE 3 - CONCLUSION OF THE CONTRACT

The subject of the contract is the sale of physical products.
These conditions of sale constitute an offer to the public, therefore for the conclusion of the contract, acceptance by the user placing the order and subsequent order confirmation email by POEMIA are required.
Acceptance is expressed by following the instructions on the screen for sending the order, by accurately filling in all the dedicated sections, and finally selecting the wording "Acceptance of the Conditions of Sale and Privacy Law".
The forwarding of the order does not bind POEMIA, until the latter has responded to you with a confirmation email.

The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections.
POEMIA may also follow up on the order with conclusive behavior, that is, with the shipment of the goods.
The Customer will be able to check the status of his order, thanks to the tracking system.

Based on availability, POEMIA has the right to accept, even partially, or to refuse the order received. In this case the contract will be considered perfected only with respect to the confirmed goods.
POEMIA will keep a copy of orders received and acceptances sent for a reasonable period of time, in compliance with Applicable Law.

The above documentation will be stored on the POEMIA data server and will be accessible to personnel who need to consult it in relation to their duties, for the correct execution of the contractual conditions.
The documentation will also be accessible to third parties for the sole purpose of executing the purchase contract, in addition to the parties authorized to access it under the Applicable Law, in compliance with the provisions for the protection of Privacy.
The user has the right to cancel the order, before it is confirmed by the company and the products are sent.

ARTICLE 4 - SALES PRICES AND SHIPPING COSTS

The sales prices of the products present on the platform: https://www.poemiabag.com/ are expressed in Euros.
POEMIA may change prices at any time, however the goods will be charged to the user based on the prices indicated on the platform: https://www.poemiabag.com/ at the time the order is placed and confirmed in the email sent by POEMIA as confirmation of the order.

The total amount of shipping costs will be made known to the Customer before order confirmation.
Shipping costs are based on weight, size, delivery destination and/or any other services requested (insurance, delivery times, change of destination address, etc.).
In relation to the price of the product, POEMIA reserves the right to communicate any errors contained in the product sheet or variations, before confirming the order. In this case, POEMIA will promptly inform the user, by sending a specific communication, thus guaranteeing the right to cancel the order.

If the user decides to proceed with the order, he accepts the price as modified.
POEMIA reserves the right to verify the regularity of advance payments, made by credit card, debit card and bank transfer, before definitively confirming the order.
In the event of non-payment, POEMIA may immediately declare all sums due to obtain payment of the prices of the products as liquid and collectable.

Sales prices and shipping costs:

Orders that have the following locations as their destination, served in "non-standard" mode by couriers, will be assessed individually and may be cancelled, naturally giving rise to a full refund of the order:

LIVIGNO (SO), TREPALLE (SO),

CHAMPION OF ITALY (CO),

MONTE ISOLA (BS), PESCHIERA MARAGLIO (BS),

LE FORNA (LT), VENTOTENE (LT). PONZA (LT),

LA MADDALENA (SS), ASINARA CALA D'OLIVA (SS)
CARLOFORTE (UP)
CAPRAIA ISLAND (LI)
GIGLIO ISLAND (GR), GIANNUTRI (GR)

TREMITI ISLANDS (FG), SAN DOMINO (FG), SAN NICOLA DI TREMITI (FG)
BARANO OF ISCHIA (NA). BUONOPANE (NA), FONTANA (NA), SANT ANGELO (NA), SERRARA (NA). SUCCHIVO (NA), TESTACCIO OF ISCHIA (NA), ANACAPRI (NA), CAPRI (NA), CASAMICCIOLA TERME (NA), FORIO (NA), MONTERONE (NA), PANZA (NA), LACCO AMENO (NA), ISCHIA PONTE (NA), ISCHIA PORTO (NA), ISCHIA SAN MICHELE (NA), ISCHIA(NA), PIEDIMONTE OF ISCHIA (NA), SANT ANTUONO OF ISCHIA (NA), PROCIDA (NA)
USTICA (PA)
MARETTIMO (TP), PANTELLERIA AIRPORT (TP), PANTELLERIA (TP), SCAURI (TP). FAVIGNANA (TP). LEVANZO (TP)
LAMPEDUSA AND LINOSA (AG), LAMPEDUSA (AG), LINOSA (AG)

ALICUDI PORT (ME), FILICUDI PORT (ME), GINOSTRA (ME). LENI (ME). LINGUA (ME). MALFA (ME). PANAREA (ME). STROMBOLI (ME). VULCANO PORT (ME). CANNETO (ME), LIPARI (ME)

ARTICLE 5 - PAYMENT METHODS

Customers can make payments using one of the following methods:

• Credit Card: VISA, MASTERCARD, AMERICAN EXPRESS, MAESTRO;

• Satispay, Klarna, Scalapay;

• Secure PayPal transaction.

ARTICLE 6 – DELIVERY

The order will be delivered to the address indicated in the manner provided for in these general contract conditions. The purchased goods will be delivered within the indicated time frame or within the time frame provided for by the applicable Law (30 days).
No responsibility can be attributed to POEMIA, for delayed or failed delivery, attributable to causes of force majeure or fortuitous event or to the carrier's responsibility. The user may choose another carrier, it being understood that the transport will be at his/her own risk, care and expense.

ARTICLE 7 - RECEIPT OF THE PRODUCT

POEMIA recommends carrying out a careful check of the conformity and integrity of the product, taking into account any type of anomaly that it may present, at the time of delivery.
In fact, upon receipt, the customer is required to verify the conformity of the product delivered to him with respect to the order placed.
Acceptance without reservations extinguishes all liability of POEMIA with regard to any defects.

Should the product be damaged, adulterated or modified in its organoleptic composition, POEMIA invites the user not to take or ingest the product itself and to immediately report the damage by sending an email to amministrazione@poemia.com or by using the contact details indicated on the Site in the “contacts” section.

In the event of a defect, adulteration or other damage affecting the product, to be reported within and no later than 10 days of their discovery and in any case no later than 14 days of delivery, POEMIA undertakes to refund the price of the product, after verification of the same.

To this end, the user must return the defective product at his/her own expense, without tampering with it, adulterating it, replacing it and without dispersing its contents, in order to allow POEMIA to carry out all the necessary checks.
If the checks have a positive outcome, POEMIA undertakes to guarantee the refund of the price of the product (including any shipping costs incurred by the customer), which is actually found to be defective or, alternatively, to guarantee the replacement of the product.

POEMIA is not responsible for damages caused by the intake of an adulterated product or one damaged in its organoleptic composition, following failure to verify by the user/customer.
If the user refuses to receive or is unable to receive delivery of the product, in accordance with the provisions of these general conditions of sale, all risks associated with the loss or damage of the products will in any case be borne by the user.

In this case, POEMIA may:

• request immediate and full payment for the products and make delivery by any means deemed appropriate, or store the products at the complete risk and expense of the customer;
• request payment of all storage and warehousing costs of the products and any other additional costs incurred due to the refusal or inability to receive the delivery;
• cancel the order and dispose of the products, without prejudice to his right to compensation for damage caused by the user, in addition to the risks and expenses mentioned above.

When the delivery of the products takes place in a split manner, each batch of products must be considered as referable to a separate and distinct contract; any defect found in one or more batches does not entitle to terminate the entire order or contract or to cancel the orders relating to each subsequent batch.

ARTICLE 8 – PRODUCT AVAILABILITY

The user will be able to purchase the products as per the “online” catalogue published on www.poemiabag.com
POEMIA, while committed to ensuring constant availability, cannot guarantee it, given its role as an intermediary. Where payment has already been made, in the event of unavailability, POEMIA undertakes to promptly inform the user and refund the price paid, without additional charges, within 14 days. Where the customer is interested in following up on the order anyway, POEMIA will communicate the times for supplying and processing the order, ensuring maximum speed.

ARTICLE 9 - RESPONSIBILITY

POEMIA assumes no responsibility for disruptions attributable to force majeure such as accidents, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframes.
POEMIA is not responsible towards any party or third parties for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, the final consumer user having only the right to the refund of the price paid.
POEMIA is not responsible for any fraudulent or illicit use by third parties of credit cards, checks and other means of payment, at the time of payment itself.
In fact, POEMIA, at no point during the purchase procedure is able to know the credit card number which, by opening a protected connection, is transmitted directly to the banking service manager.

ARTICLE 10 - WARRANTIES AND ASSISTANCE METHODS

POEMIA sells high quality products and offers a guarantee whose minimum duration depends on the type of product purchased, according to the Applicable Law. The guarantee is operational provided that the products are used for the purpose indicated on the packaging, excluding any liability, of any kind, on the part of POEMIA for the case of improper use of the product by the customer.
All product descriptions, illustrations, depictions, details, dimensions, presentation data and any other information available on the e-commerce platform https://www.poemiabag.com/ must be understood as general illustrations of the products and do not in any way represent a guarantee or declaration of conformity of the products to the same.

ARTICLE 11 - USER OBLIGATIONS

The consumer user undertakes to print these general contract conditions and to check them periodically by connecting to the e-commerce https://www.poemiabag.com/. In the event of any changes, the consumer undertakes to reprint and keep them, as modified.
The user declares to be of legal age and to possess the legal capacity necessary to enter into a contract having the force of law between the arts and that the information provided at the time of placing the order is up to date, accurate and sufficient to process the order.
The user is strictly prohibited from entering false and/or invented and/or imaginary data in the registration procedure required to activate the procedure for the execution of this contract and the related further communications; the personal data and email must be exclusively their real personal data and not those of third parties or imaginary. It is expressly prohibited to make double registrations corresponding to a single person or to enter data of third parties.

POEMIA reserves the right to legally pursue any violation and abuse, in the interest and for the protection of consumers.
The user indemnifies POEMIA from any liability arising from the issuing of incorrect tax documents due to errors in the data provided by the customer, the customer being solely responsible for their correct entry.

ARTICLE 12 - RIGHT OF WITHDRAWAL

Consumers who are not satisfied with their purchase for any reason have the right to withdraw from the contract without any penalty and without providing a reason, within 14 working days from the receipt of the product. To exercise this right, consumers must send an email to info@poemiabag.com. The return shipping costs shall be borne by the customer.

If multiple units have been purchased, POEMIA allows consumers to withdraw from the purchase and return the items, even if one unit has already been opened and used. The right of withdrawal applies only to unopened and intact units. Once these are returned following the specified procedure, the customer will be refunded for the corresponding amount paid.

In any case, the product must be returned to POEMIA within 14 days from the exercise of the right of withdrawal.

To be eligible for withdrawal, the product must be returned in its original condition, meaning unopened, unaltered, and unmodified.

POEMIA will accept the returned goods while reserving the right to verify their integrity. Within 14 days from the notification of the withdrawal, POEMIA will refund the amount paid for the returned product.

The right of withdrawal is excluded in the following cases:

• For products made to order or customized upon the customer's specific request, or for products that, by their nature, cannot be returned;

• For products that are not intact, have been opened, tampered with, or altered due to the customer's actions.

ARTICLE 13 - RETURN MANAGEMENT

For return procedures, we recommend consulting the dedicated "returns" section of https://www.poemiabag.com/en-it/pages/resi-e-rimborsi

The user can activate the return procedure by sending the products to the following address: Via S.Polo, 10 - 25017 Lonato del Garda (BS) ITALY

within the times indicated above: 14 days from receipt of the order.

ARTICLE 14 - COMMUNICATIONS

Any communication or notice to POEMIA in relation to these conditions must be made by registered mail or certified email to the addresses indicated in the contacts section. In the case of non-Italian Customers, the communication may also be sent by email to amministrazione@poemia.com , or using the contacts indicated on the Site in the “contacts” section.
The last address or contact communicated by the user will be considered the address to which communications prescribed by the Applicable Law, relating to legal proceedings, must be addressed, before the election of domicile at the appointed attorney.

ARTICLE 15 - CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE

POEMIA has the right to terminate the contract stipulated, giving simple communication to the user indicating the reason; in this case the user will be entitled exclusively to the refund of any sum already paid.
The obligations assumed by the user under these contractual conditions, as well as the guarantee of successful payment, are essential, so that by express agreement, the failure by the user to fulfill even one of the aforementioned obligations will determine the termination of the contract by law without the need for a judicial ruling, without prejudice to the right of POEMIA to take legal action for compensation for further damages.

ARTICLE 16 - PRIVACY, COOKIES, AND TERMS OF USE OF HTTPS://WWW.POEMIABAG.COM/

For the Privacy Policy, Cookie Policy and conditions of use of https://www.poemiabag.com/ please refer to the specific sections of the Site.

ARTICLE 17 - APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are governed by Legislative Decree 206/2005 (Consumer Code), Legislative Decree 70/2003 – implementing the European Directive 2001/31/EC on E-Commerce, EU Regulation 679/2016 on Personal Data Protection, Legislative Decree 196/2003, and Legislative Decree 21/2014 – implementing the European Directive 2011/83/EU on Cookie Policy, along with the applicable national and European Union laws concerning contracts and any other relevant regulations or laws.

In the event of any disputes arising between the parties regarding this contract, the competent court shall be the one in the jurisdiction where the Consumer resides.

ONLINE DISPUTE RESOLUTION FOR CONSUMERS

Pursuant to and for the purposes of art. 14 of EU regulation no. 524/2013, consumers residing in the Member States of the European Union are hereby informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided by the European Commission, and reachable at the following link: https://webgate.ec.europa.eu/odr/

In compliance with the provisions of the aforementioned legislation, we also communicate that the email address of Poemia Srl is poemiasrl@pec.it

FINAL WARNINGS

The e-commerce platform https://www.poemiabag.com/ DOES NOT CONTAIN MEDICAL ADVICE AND IS NOT SCIENTIFIC DISCLOSURE. All content (news, suggestions and other) on this site is purely informative and cannot be understood in any way as medical prescriptions nor can it be replaced by them. POEMIA, in fact, reminds that the choice and prescription of a correct therapy, as well as a dietary plan, are the exclusive responsibility of the attending physician or specialist appropriate to the problem that concerns the individual user, who can evaluate any collateral risks (such as, for example, poisoning, intolerances and allergies). Therefore, POEMIA as well as the authors and administrators of the site decline all responsibility for any damage (direct or indirect) or accidents resulting from the use of this information without the necessary medical supervision.

TERMS OF USE OF THE SITE HTTPS://WWW.POEMIABAG.COM/

GENERAL INFORMATION

The following conditions of use regulate access to the website https://www.poemiabag.com/ as well as the use of the services and features offered therein and are assumed to be read and understood by the user.
The website https://www.poemiabag.com is owned by POEMIA SRL via G.Puccini 22 Padenghe sul Garda, Brescia mail: amministrazione@poemia.com

For assistance and other general information on services provided by https://www.poemiabag.com/, you can contact POEMIA at the addresses indicated in the Contact section of the website.
For further information relating to the Privacy Policy and the Cookie Policy, please refer to the dedicated sections.

CHANGES TO THESE GENERAL TERMS OF USE

POEMIA may integrate, update or modify these general conditions of use at any time, after adequate communication to users.
Any new conditions will be binding as soon as they are published on https://www.poemiabag.com/.
POEMIA invites users to regularly access the website, to check the publication of the most recent and updated General Conditions of Use.

RESPONSIBILITY

The user is solely and exclusively responsible for the inappropriate and illicit use of this website and its contents.
POEMIA cannot be held responsible for any use of the website https://www.poemiabag.com/ contrary to the Law.

POEMIA cannot be held responsible for the illegitimate publication of contents, added by users or unauthorized persons, without prejudice to its responsibility for duly proven fraud or gross negligence.
The user is solely responsible for the communication of incorrect, false or third-party information and data without their express consent, as well as for the incorrect use of the same.

Any liability for damage to computers and networks or loss of data resulting from downloading or retrieving the contents of https://www.poemiabag.com/, will fall on the user and cannot be attributed in any way to POEMIA which declines all liability for damage resulting from the inaccessibility to the services present on https://www.poemiabag.com/ or from any damage caused by viruses, damaged files, errors, omissions, interruptions of service, deletion of contents, problems connected to the network, to providers or to telephone and/or telematic connections, to unauthorized access, to alterations of other data, to the failure and/or defective functioning of the user's electronic equipment.

The user is responsible for the safekeeping and correct use of his/her personal information, including the credentials that allow access to reserved services, as well as for any damaging consequences or prejudice that may arise against POEMIA or third parties as a result of the incorrect use, loss or theft of such information.

PRIVACY POLICY AND COOKIE POLICY

The user is required to carefully read the Privacy Policy section which describes the methods and procedures used by POEMIA for the collection, classification and use of users' personal data, or the related purposes.
The user is required to carefully read the Cookie Policy section, which describes the cookie policy adopted by the entity in managing the website https://www.poemiabag.com/

INTELLECTUAL PROPERTY RIGHTS AND TERMS OF USE OF THE CONTENTS

The contents of the website https://www.poemiabag.com/ (by way of example only: images, photographs, drawings, figures, logos and other distinctive signs, dialogues, music, sounds, videos, documents and any other material, in any format, including menus, web pages, graphics, colors, schemes, tools, website design fonts, diagrams, layout, methods, processes, databases, functions and software), are protected by copyright and any other intellectual right, according to the Applicable law.

POEMIA has the exclusive right to authorize or prohibit the reproduction, direct or indirect, temporary or permanent, in any way or form, in whole or in part of the website and its contents.
Unauthorized reproduction and distribution, in whole or in part in any form of https://www.poemiabag.com/ of its contents of any type and nature, is prohibited without written consent from the owner.
The user is authorized exclusively to view the contents of the website and to perform all those other temporary reproduction acts, devoid of their own economic significance, which are considered transitory and accessory, or an integral and essential part of the same viewing of the site and its contents and all other navigation operations, which are performed only for a legitimate use ofhttps://www.poemiabag.com/ and its contents.

The user is not authorized to make any reproduction, on any medium, in whole or in part, of https://www.poemiabag.com/ or its contents.
The authors of individual works and/or ideas published on https://www.poemiabag.com/ have the right to claim authorship of the same at any time and to oppose any deformation or other modification of the same, including any other act that causes harm to their reputation.

The user, who accesses the website https://www.poemiabag.com/, undertakes to respect the copyright relating to the intellectual and ingenious works of those who have worked and collaborated with the organization for the creation of the same.

TRADEMARKS, PATENTS AND DOMAIN NAMES

All trademarks and distinctive signs displayed on https://www.poemiabag.com/ for POEMIA products are duly registered and owned by POEMIA.
On the website https://www.poemiabag.com/ products and goods protected by industrial patents are displayed, of which POEMIA is the owner (for goods produced by POEMIA)
The user is not authorized to use, in any way, the aforementioned trademarks and/or patents. Any unauthorized and illicit use of the aforementioned trademarks and patents will result in serious legal consequences.
POEMIA, in fact, reserves the right to act to protect its industrial property rights, in the forms and venues it deems most appropriate.

CONTENT SPECIFICATIONS

POEMIA has taken every precaution to prevent the publication, on https://www.poemiabag.com/, of contents that represent or describe scenes or situations of physical and psychological violence or such that, according to the sensitivity of the users, could be considered harmful to the civil conventions of human rights and the dignity of persons, in all its forms and expressions.
POEMIA undertakes to take care of the contents of the e-commerce platform so that they do not contain incorrect indications or information. However, POEMIA does not assume any responsibility for the accuracy and completeness of the contents, except for its liability for fraud or gross negligence and except as otherwise provided by law.

POEMIA does not guarantee that the website will operate with absolute continuity, without interruptions and in the absence of errors and malfunctions due to the connection.
For any problem encountered in using https://www.poemiabag.com/, please contact customer service via email amministrazione@poemia.com
Although POEMIA will try to do everything possible to ensure continuous access to https://www.poemiabag.com/, the dynamic nature of the Web and its contents may not allow it to operate without suspensions, interruptions or discontinuity due to the need to make updates to the website.