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GENERAL TERMS AND CONDITIONS OF SALE (GTC) – E-COMMERCE POEMIA BAG
GENERAL PROVISIONS
These general conditions, available for consumer reproduction and storage in accordance with Directive 2011/83/EU – Directive 2000/31/EC – Regulation 524/2013, govern the purchase of products made remotely through the online platform https://www.poemiabag.com/. Unless otherwise agreed, no alternative contractual terms will apply.
These terms and conditions apply to users who qualify as "consumers" under Directive 2011/83/EU – Directive 2000/31/EC – Regulation 524/2013 and who make purchases through the e-commerce platform https://www.poemiabag.com/, using the purchased products exclusively for private use. Poemia will not process orders from entities other than consumers.
For clarity, a consumer under these terms is any natural person entering into a legal transaction for purposes not attributable to their trade, business, or independent professional activity. A professional, on the other hand, is any natural or legal person or partnership with legal capacity acting in the exercise of their independent professional or business activity when concluding legal transactions.

ARTICLE 1 - DEFINITION AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The company POEMIA SRL (hereinafter referred to as "the Company" or "POEMIA"), a private limited liability company under Italian law, headquartered at Via G. Puccini 22, registered with the Brescia Chamber of Commerce under REA No. 597355, VAT number 04214690986, email: amministrazione@poemia.com, owns the e-commerce website https://www.poemiabag.com/ (hereinafter referred to as "the Website").
The Company engages in the retail sale of products via the Internet, including but not limited to dietary supplements, natural foods, cosmetics, medical devices, and personal care items (hereinafter "Products") to consumer customers (hereinafter "Customers"). The Website provides consumers with free access (excluding telephone connection costs) to an online catalog of information about Products manufactured by the Company or referenced third parties and an online ordering and payment system, contingent on the Customer’s acceptance of these General Terms and Conditions of Sale (hereinafter "GTC").
All orders placed through the Website and related services are subject to these GTC, which represent the entirety of the commitments between the Company and the Customer resulting from browsing the Website.
Each Customer order entails full and unconditional acceptance of these GTC.
The GTC must be carefully reviewed by the Customer before completing the purchase process. Placing an order and making the associated prepayment implies complete knowledge and acceptance of these terms.
POEMIA is not bound by conditions other than these unless previously agreed upon in writing.

ARTICLE 2 - PRODUCTS OFFERED FOR SALE ON THE WEBSITE
The Website offers online sales of dietary supplements, natural foods, cosmetics, medical devices, and personal care items produced by the Company or third-party manufacturers. The essential characteristics (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 Products offered or presented on the Website, change their presentation, or discontinue their sale on the Website without prior notice or justification to Customers.

ARTICLE 3 - CONCLUSION OF THE CONTRACT
The subject matter of the contract is the sale of physical products.
These terms and conditions constitute a public offer. The contract is concluded upon the user’s acceptance and the subsequent confirmation email sent by POEMIA.
Acceptance is expressed by following the on-screen instructions for placing the order, completing all required fields, and finally selecting the "Acceptance of Terms and Conditions of Sale and Privacy Policy" option.
Submitting an order does not bind POEMIA until a confirmation email has been sent.
The Customer must verify the accuracy of the information contained in the confirmation and promptly communicate any corrections.
POEMIA may fulfill the order through conclusive actions, such as shipping the goods.
The Customer can track the order status using the tracking system.
Depending on availability, POEMIA reserves the right to partially accept or reject an order. In such cases, the contract will only be concluded for the confirmed items.
POEMIA will retain copies of received orders and confirmations for a reasonable period in compliance with applicable laws.
This documentation will be stored on POEMIA's servers and accessible to personnel responsible for fulfilling contractual obligations. Documentation may also be accessible to third parties solely for contract execution or to legally authorized entities, respecting privacy protection laws.
The user has the right to cancel the order before it is confirmed and the products are shipped.
ARTICLE 4 - SALE PRICES AND SHIPPING COSTS
The product prices listed on the platform https://www.poemiabag.com/ are expressed in Euros.
POEMIA reserves the right to modify prices at any time; however, the goods will be charged to the user based on the prices indicated on the platform at the time the order is placed and confirmed in the order confirmation email sent by POEMIA.
The total shipping costs will be disclosed to the Customer before the order is confirmed.
Shipping costs are determined based on the weight, size, delivery destination, and/or additional requested services (insurance, delivery schedules, address modifications, etc.).
Regarding the product price, POEMIA reserves the right to notify users of any errors in the product description or price changes before confirming the order. In such cases, POEMIA will promptly inform the user via a specific communication, allowing them the option to cancel the order.
If the user chooses to proceed with the order, they accept the revised price.
POEMIA reserves the right to verify the validity of prepayments made via credit/debit cards or bank transfers before issuing the final confirmation of the order.
In the case of non-payment, POEMIA may immediately declare all sums due and payable to ensure payment of the product prices.
Sale Prices and Shipping Costs:
Orders destined for the following locations, which are categorized as "non-standard" by couriers, will be individually evaluated and may be canceled, with a full refund of the order amount provided:
  • LIVIGNO (SO), TREPALLE (SO)
  • CAMPIONE D'ITALIA (CO)
  • MONTE ISOLA (BS), PESCHIERA MARAGLIO (BS)
  • LE FORNA (LT), VENTOTENE (LT), PONZA (LT)
  • LA MADDALENA (SS), ASINARA CALA D’OLIVA (SS)
  • CARLOFORTE (SU)
  • CAPRAIA ISOLA (LI)
  • ISOLA DEL GIGLIO (GR), GIANNUTRI (GR)
  • ISOLE TREMITI (FG), SAN DOMINO (FG), SAN NICOLA DI TREMITI (FG)
  • BARANO D’ISCHIA (NA), BUONOPANE (NA), FONTANA (NA), SANT’ANGELO (NA), SERRARA (NA), SUCCHIVO (NA), TESTACCIO D’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 D’ISCHIA (NA), SANT’ANTUONO D’ISCHIA (NA), PROCIDA (NA)
  • USTICA (PA)
  • MARETTIMO (TP), PANTELLERIA AEROPORTO (TP), PANTELLERIA (TP), SCAURI (TP), FAVIGNANA (TP), LEVANZO (TP)
  • LAMPEDUSA E LINOSA (AG), LAMPEDUSA (AG), LINOSA (AG)
  • ALICUDI PORTO (ME), FILICUDI PORTO (ME), GINOSTRA (ME), LENI (ME), LINGUA (ME), MALFA (ME), PANAREA (ME), STROMBOLI (ME), VULCANO PORTO (ME), CANNETO (ME), LIPARI (ME)

ARTICLE 5 - PAYMENT METHODS
Payments can be made using the following methods:
  • Debit or Credit Card: VISA, MASTERCARD, AMERICAN EXPRESS, MAESTRO
  • Satispay
  • Secure PayPal transactions.
ARTICLE 6 – DELIVERY
The order will be delivered to the address indicated using the methods outlined in these general terms and conditions. The purchased goods will be delivered within the specified timeframe or as required by applicable law (30 days).
POEMIA assumes no responsibility for delays or non-delivery caused by force majeure, unforeseen circumstances, or issues attributable to the carrier. The user may choose an alternative carrier, with the understanding that transportation will then occur at their own risk, care, and expense.
ARTICLE 7 - RECEIPT OF GOODS
POEMIA recommends carefully inspecting the conformity and integrity of the product at the time of delivery, taking note of any anomalies.
Upon receipt, the customer is required to verify that the delivered product matches their order.
Acceptance without reservations absolves POEMIA from any liability regarding potential defects.
If the product appears damaged, adulterated, or altered in its composition, POEMIA advises the user not to consume or ingest the product and to report the issue immediately via email at amministrazione@poemia.com or using the contact options provided in the “Contacts” section of the website.
In cases of defect, adulteration, or other damage affecting the product, reported within 10 days of discovery and no later than 14 days from delivery, POEMIA commits to refunding the product's price following verification.
To this end, the user must return the defective product at their own expense, ensuring it remains unaltered, unmodified, and with its contents intact, to allow POEMIA to conduct the necessary inspections.
If the inspection confirms the defect, POEMIA will refund the product's price (including any shipping costs incurred by the customer) or provide a replacement product.
POEMIA is not liable for damages caused by consuming a product that is adulterated or damaged due to the customer's failure to verify its condition.
If the user refuses or is unable to receive the product delivery as outlined in these general terms and conditions, all risks related to product loss or damage will remain their responsibility.
In such cases, POEMIA may:
  • Request immediate full payment for the products and arrange delivery by any deemed appropriate means or deposit the products entirely at the customer's risk and expense;
  • Charge all costs related to storage and warehousing of the products, along with any additional expenses incurred due to refusal or inability to accept delivery;
  • Cancel the order and dispose of the products, without prejudice to its right to seek compensation for damages caused by the user, in addition to the aforementioned risks and expenses.
When product delivery occurs in installments, each batch will be considered a separate and distinct contract. Any defect found in one or more batches does not justify canceling the entire order or contract, nor does it cancel subsequent batch orders.

ARTICLE 8 – PRODUCT AVAILABILITY
Users may purchase products listed in the online catalog available on www.poemiabag.com.
While POEMIA strives to ensure consistent product availability, it cannot guarantee it due to its role as an intermediary.
If payment has already been made and the product is unavailable, POEMIA commits to promptly informing the user and refunding the paid amount without additional charges within 14 days.
If the customer wishes to proceed with the order, POEMIA will communicate the expected restocking and order fulfillment times, ensuring the utmost efficiency.
ARTICLE 9 - LIABILITY
POEMIA accepts no responsibility for service disruptions caused by force majeure events such as accidents, strikes and/or lockouts, earthquakes, floods, or other similar events that partially or entirely prevent the fulfillment of the contract within the agreed timeframe.
POEMIA is not liable to any party or third party for damages, losses, or costs incurred due to non-performance of the contract for the above-mentioned reasons, with the end consumer being entitled only to a refund of the amount paid.
POEMIA is not responsible for any fraudulent or unlawful use by third parties of credit cards, checks, or other payment methods during the payment process.
At no point during the purchasing process does POEMIA have access to the credit card number, as it is transmitted directly to the banking service provider through a secure connection.
ARTICLE 10 - WARRANTIES AND SUPPORT TERMS
POEMIA markets high-quality products and offers a warranty whose minimum duration depends on the type of product purchased, in accordance with applicable law. The warranty is valid only if the products are used as intended and described on the packaging. POEMIA disclaims all liability for improper use of the product by the customer.
All product descriptions, illustrations, representations, details, dimensions, specifications, and other information available on the POEMIA e-commerce platform should be considered as general representations of the products. They do not constitute any guarantee or declaration of the products' conformity to the descriptions.

ARTICLE 11 - USER OBLIGATIONS
The consumer user is required to print these general terms and conditions and periodically check for updates on the POEMIA e-commerce platform. If changes occur, the consumer agrees to print and retain the updated terms.
The user declares that they are of legal age and have the legal capacity to enter into a binding contract. They also confirm that the information provided at the time of placing the order is accurate, up-to-date, and sufficient for the order to be processed.
Users are strictly prohibited from entering false, invented, or fictitious information during the registration process necessary to execute the contract and related communications. The personal and email data must belong exclusively to the user and not to third parties or fictitious entities. Double registrations under one individual or entering third-party data are expressly prohibited.
POEMIA reserves the right to take legal action against any violations or abuses in the interest and for the protection of consumers.
The user indemnifies POEMIA against any liability arising from the issuance of incorrect fiscal documents due to errors in the data provided by the customer, as the customer is solely responsible for the correct input of the information.

ARTICLE 12 - RIGHT OF WITHDRAWAL
A consumer who, for any reason, is dissatisfied with their purchase is entitled to withdraw from the contract without penalty and without specifying a reason within 14 working days of receiving the product. Withdrawal can be exercised by sending an email to info@poemiabag.com (return shipping costs borne by the customer) or a registered letter with return receipt to POEMIA SRL, Via G. Puccini 22, Padenghe sul Garda, Brescia, Italy.
If multiple units are purchased, POEMIA allows the consumer to withdraw and return the order even after opening and consuming one unit. In such cases, given the often perishable and non-storable nature of the products, the withdrawal is valid only for the remaining intact units. After their return, as per the above conditions, the customer will be refunded the price paid.
In any case, the product must be returned to POEMIA within 10 days of exercising the right of withdrawal.
To exercise the right of withdrawal, the product must be returned intact (unopened, untampered, unadulterated). POEMIA will accept the returned goods while reserving the right to contest the product's integrity.
Within 14 days of receiving the withdrawal notice, POEMIA will refund the amounts paid for the purchase of the product.
The right of withdrawal is excluded in the following cases:
  • For products made to order or customized to the customer's specifications or that, by their nature, cannot be returned.
  • For fresh food products or items subject to quick deterioration.
  • For products returned not intact, opened, tampered with, or adulterated due to the customer's fault.
  • ARTICLE 13 - RETURNS MANAGEMENT
    For return procedures, users are advised to consult the dedicated "Returns" section on https://www.poemiabag.com/.
    The user may initiate the return procedure by sending the products to the following address:
    Via G. S.Polo, 10 - 25017 Lonato del Garda (BS) ITALY
    The return must be initiated within the timeframe specified above: 14 days from the receipt of the order.

    ARTICLE 14 - COMMUNICATIONS
    Any communication or notice to POEMIA regarding these terms and conditions must be made via registered letter with return receipt or certified email (PEC) to the addresses provided in the "Contacts" section.
    For non-Italian customers, communication may also be sent via email to amministrazione@poemia.com, or by using the contact details listed in the "Contacts" section of the website.
    The last address or contact details provided by the user will be considered the address to which communications prescribed by applicable law should be sent, particularly concerning legal proceedings, before the election of domicile at the constituted legal representative.

    ARTICLE 15 - CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
    POEMIA reserves the right to terminate the contract by simply notifying the user and providing the reason. In such cases, the user will be entitled exclusively to the reimbursement of any amount already paid.
    The obligations assumed by the user under these terms and conditions, as well as the guarantee of successful payment, are considered essential. Therefore, by express agreement, the user's failure to fulfill any of these obligations will result in the automatic termination of the contract without the need for judicial pronouncement. This is without prejudice to POEMIA's right to take legal action for further damages.

    ARTICLE 16 - PRIVACY, COOKIES, AND TERMS OF USE OF HTTPS://WWW.POEMIABAG.COM/
    For the Privacy Policy, Cookie Policy, and Terms of Use for https://www.poemiabag.com/, please refer to the dedicated sections of the website.
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 European Directive 2001/31/EC – on Electronic Commerce, EU Regulation 679/2016 on Personal Data Protection, Legislative Decree 196/2003, Legislative Decree 21/2014 – implementing European Directive 2011/83/EC on Cookie Policy – together with the rules of National and Community law regarding contracts and any other applicable regulations or laws.
For any disputes between the parties concerning this contract, jurisdiction shall lie with the court of the district where the Consumer resides.

ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Pursuant to Article 14 of EU Regulation No. 524/2013, consumers residing in EU Member States are informed that they may resolve disputes relating to this contract and online services offered by this website through the Online Dispute Resolution (ODR) process established by the European Commission, accessible via the following link: https://webgate.ec.europa.eu/odr/
In compliance with this regulation, POEMIA Srl’s email address is poemiasrl@pec.it.

FINAL NOTICES
The e-commerce platform https://www.poemiabag.com/ DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT INTENDED FOR SCIENTIFIC DISSEMINATION. All content (news, suggestions, and other information) on this website is purely informational and cannot in any way be considered medical prescriptions or used as a substitute for them.
POEMIA reminds users that the selection and prescription of an appropriate therapy, as well as a dietary plan, are the sole responsibility of the attending physician or specialist relevant to the user's specific issue, who can assess potential risks (e.g., intoxication, intolerance, or allergies).
Therefore, POEMIA, its authors, and website administrators disclaim any liability for any damage (direct or indirect) or accidents resulting from the use of such information without necessary medical supervision.


GENERAL INFORMATION
The following terms of use govern access to the website https://www.poemiabag.com/, as well as the use of the services and features provided therein. Users are presumed to have read and understood these terms.
The website https://www.poemiabag.com/ is owned by POEMIA SRL, located at Via G. Puccini 22, Padenghe sul Garda, Brescia, Italy. Email: amministrazione@poemia.com.
For assistance and general information about the services offered on https://www.poemiabag.com/, please contact POEMIA using the details provided in the “Contact” section of the website.
For further information on the Privacy Policy and Cookie Policy, refer to the dedicated sections.

CHANGES TO THESE GENERAL TERMS OF USE
POEMIA reserves the right to integrate, update, or modify these general terms of use at any time, with adequate notice to users.
The new terms will be binding as soon as they are published on https://www.poemiabag.com/. POEMIA encourages users to regularly access the website to verify the publication of the latest updated Terms of Use.

RESPONSIBILITIES
The user is solely and exclusively responsible for any inappropriate or unlawful use of this website and its contents.
POEMIA cannot be held responsible for any use of the website https://www.poemiabag.com/ that is contrary to the law.
POEMIA will not be held responsible for the unauthorized publication of content added by users or unauthorized parties, except in cases of willful misconduct or proven gross negligence.
The user is solely responsible for the communication of incorrect, false, or third-party data without their consent, as well as for the improper use of such data.
Responsibility for any damage to computers, networks, or data loss resulting from downloading or retrieving content from https://www.poemiabag.com/ rests solely with the user. POEMIA disclaims all responsibility for damages caused by service inaccessibility, viruses, corrupted files, errors, omissions, service interruptions, content deletion, network problems, providers, telephone and/or telematic connections, unauthorized access, data alterations, and malfunctions of the user's equipment.
The user is responsible for safeguarding and correctly using their personal information, including credentials to access reserved services, as well as for any harmful consequences or damages that may arise from improper use, loss, or theft of such information.
PRIVACY POLICY AND COOKIE POLICY
Users are required to carefully read the Privacy Policy section, which outlines the methods and procedures used by POEMIA to collect, classify, and utilize users' personal data, as well as the purposes of such use.
Users must also read the Cookie Policy, which details the cookie policies adopted by the organization in managing the website https://www.poemiabag.com/.

INTELLECTUAL PROPERTY RIGHTS AND CONTENT USAGE TERMS
The content of the website https://www.poemiabag.com/ (including, but not limited to, images, photographs, designs, figures, logos, other distinctive signs, dialogues, music, sounds, videos, documents, and other materials in any format, such as menus, web pages, graphics, colors, patterns, tools, website design fonts, diagrams, layouts, methods, processes, databases, functions, and software) is protected by copyright and other intellectual property rights under applicable law.
POEMIA holds the exclusive right to authorize or prohibit any 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 or distribution of https://www.poemiabag.com/ and its content, in whole or in part, in any form is prohibited without written consent from the owner.
Users are authorized solely to view the website’s content and carry out any temporary reproduction acts devoid of independent economic significance. Such acts are considered temporary, accessory, or integral to the essential viewing of the website and its content. Users may only navigate the website for lawful purposes related to https://www.poemiabag.com/ and its content.
Users are not authorized to reproduce any portion of https://www.poemiabag.com/ content on any medium without express written authorization.
The authors of individual works or ideas published on https://www.poemiabag.com/ have the right to claim authorship and object to any distortion, modification, or other act prejudicing their reputation.
By accessing https://www.poemiabag.com/, users agree to respect the intellectual property rights of those who have collaborated with the entity in creating the website.

TRADEMARKS, PATENTS, AND DOMAIN NAMES
All trademarks and distinctive signs displayed on https://www.poemiabag.com/ for POEMIA’s products are duly registered and owned by POEMIA.
The website https://www.poemiabag.com/ displays products and goods protected by industrial patents owned by POEMIA (for goods produced by POEMIA).
Users are not authorized to use the trademarks or patents in any manner. Unauthorized and illegal use of these trademarks or patents will lead to severe legal consequences.
POEMIA reserves the right to act to protect its industrial property rights in any form and forum deemed appropriate.

CONTENT SPECIFICATIONS
POEMIA has taken every precaution to ensure that no content published on https://www.poemiabag.com/ depicts or describes physical or psychological violence or situations that, according to users' sensitivities, may be considered harmful to civil conventions, human rights, or personal dignity in any form or expression.
POEMIA strives to ensure that the content on its e-commerce platform does not contain incorrect information or indications. However, POEMIA assumes no responsibility for the accuracy and completeness of the content, except in cases of willful misconduct or gross negligence, and as otherwise provided by law.
POEMIA does not guarantee uninterrupted operation of the website or error-free service, nor does it guarantee an absence of malfunctions due to connectivity issues.
For any issues encountered while using https://www.poemiabag.com/, users are encouraged to contact customer service via email at amministrazione@poemia.com.
Although POEMIA will make every effort to ensure continuous access to https://www.poemiabag.com/, the dynamic nature of the web and its content may occasionally result in interruptions or delays caused by necessary updates to the website.

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