1. Definitions

   To allow complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:

   • Owner: Keidea s.r.l., with registered office in via Fratelli Cervi 42, VAT number / Fiscal Code 01414110773, fully paid-up share capital €1,000.00, PEC address keidea.srl@pec.it
     
     
   • Application: the website www.modulietemi.com
     
     
   • Products:
     • digital products (content and services provided in digital format) sold by the Owner
     • the services sold by the Owner
     • goods and/or services provided through the Application by a third party supplier
   • User: any person who accesses and uses the Application
     
     
   • Consumer User: the adult natural person who concludes a contract for purposes unrelated to his/her entrepreneurial, commercial, artisanal or professional activity, if any
     
     
   • Professional User: the adult natural person or legal person who concludes a contract for the performance or needs of his own entrepreneurial, commercial or artisanal activity or professional
     
     
   • Third Party Supplier: the natural or legal person, other than the Owner, who offers the Products through the Application acting in the exercise of their business commercial, artisanal or professional entrepreneur
     
     
   • Conditions: this contract which governs the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.
     
     

2. Relationships between Owner, Third Party Supplier and Users

   The Application hosts a platform managed by the Owner which allows you to connect Users interested in the Products offered by the Owner and the Third Party Supplier.

   On the Application, Users can therefore purchase both Products supplied by the Owner and Products supplied by Third Party Suppliers. In the Application it is always clearly indicated whether the Product is supplied by the Owner or by a Third Party Supplier.

   When the Products are offered by Third Party Suppliers, the Owner is not part of the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any responsibility deriving from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract stipulated between Third Party Suppliers and Users is not the subject of these Conditions.

   The terms and conditions of sale of each Third Party Supplier are published in the Application under the heading "Terms and conditions of the Third Party Supplier".

3. Scope of application of the Conditions

   The use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Application or the related services.

   The Conditions can be modified at any time.

   The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

   Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.

   The Owner reserves the right to change at its own discretion, at any time even after the User's registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and the management of the Application, communicating the relevant instructions to the User, where necessary.

4. Purchase via the Application

   All Products offered through the Application are described in detail cut in the relevant product pages (quality, characteristics, availability, price, supply times, additional charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.

   Purchases of one or more Products via the Application are permitted to both Consumer Users and Professional Users.

   Purchasing is only permitted for individuals if they are adults. For minors, each purchase and/or request for the supply of Products through the Application must be examined and authorized by the parents or those with parental responsibility.

   The offer of the Products via the Application constitutes an invitation to offer and the order sent by the User will be considered as a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at his sole discretion, the right to accept or not accept the User's order without the latter being able to object or complain about anything for any reason and/or reason.

   The contract for the sale of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User, which will contain the date of the order, the User's data, characteristics and availability. of the Product, the price or the method of calculating the price, any additional charges and taxes, the supply and execution times, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.

   The contract for the sale of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.

   In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner.

   The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the related confirmation and the Conditions.

5. Registration

   To use the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (https://www.modulietemi.com/it/policy) and the Conditions.

   The User is responsible for safeguarding their access credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner if he suspects or becomes aware of any improper use or improper disclosure of them.

   The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the User of the rules on registration on the Application or on the conservation of registration credentials.

6. Account deletion and closure

   The Registered User may stop using the Application at any time and deactivate their account or request its deletion through the Application interface, if possible, or by sending a written communication to the e-mail address < to href="mailto:support@modulietemi.com">support@modulietemi.com.

   In case of violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

7. Prices and payments

   The price and VAT, if due, are indicated for each Product. If the nature of the Product makes it impossible to calculate it in advance, the price calculation methods are indicated.

   Furthermore, any taxes and additional expenses which may vary depending on the payment method used will be indicated. If these expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

   The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case prejudice contracts already concluded before the change.

   The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all necessary data requested.

   The Application uses third-party tools for payment processing and does not come into contact in any way with the payment data provided (credit card number, owner's name, password, etc.).

   Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.

8. Billing

   The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be considered as valid, which he declares and guarantees to be truthful, granting the Owner the fullest indemnity in this regard.

9. Methods of supply of digital products and services

   The Owner will provide the digital Products, including any digital products provided on a material support and/or services to the User, in the manner and within the deadline indicated on the Application and reported in the order confirmation.</p >

   In the event that it is not possible to provide the digital Products and services requested within this deadline, prompt notice will be given via e-mail to the User, indicating when it is expected to be possible to provide them or the reasons why supply impossible.

   If the User does not intend to accept the new term or the supply has become impossible, he/she may request a refund of the amount paid which will be promptly credited to the same payment methods used by the User for the purchase within a maximum of 14 days of date on which the Owner became aware of the refund request.

10. Users' right of withdrawal from the purchase of digital products and services

    The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days starting from the date of conclusion of the contract, by sending a written communication to the e-mail address support@modulietemi.com, using the optional withdrawal form referred to in the following article or any other written declaration.

    The Professional User has the right to withdraw without any penalty and without specifying the reason within 14 days starting from the date of conclusion of the contract, by sending a written communication to the e-mail address support@modulietemi.com, using the optional withdrawal form referred to in the following article or any other written declaration.

    In case of withdrawal exercised correctly, the Owner will refund the User the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User has communicated to withdraw from the contract.

    The User acknowledges and agrees to lose the right of withdrawal after downloading or using a Digital Product.

    The User acknowledges and agrees to lose the right of withdrawal after the complete provision of a service. Where the provision of the service has not been completely performed and the User wishes to withdraw from the contract, he remains obliged to pay the Owner an amount proportional to what has been performed up to the moment in which he exercised the right of withdrawal.</ p>

11. Cases of exclusion of the User's right of withdrawal

    The right of withdrawal from the contract of sale or supply of the Products by the User is excluded in relation to:

    • to the supply of Products whose price is linked to fluctuations in the financial market that the Owner is unable to control and which may occur during the withdrawal period
      
      
    • to the supply of tailor-made or clearly personalized Products
      
      
    • to the supply of Products which risk deteriorating or expiring rapidly. This category includes all food products (including drinks) whose characteristics are subject to alteration also as a result of inappropriate conservation
      
      
    • to the supply of sealed Products that are not suitable for return for hygienic or corelated to health protection and were opened after delivery
      
      
    • to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
      
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    • to contracts in which the User has specifically requested a visit by the Owner or a professional appointed for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the Owner or an appointed professional provides services in addition to those specifically requested by the User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or additional goods
      
      
    • to the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery
      
      </li >
    • to the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
      
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    • to contracts concluded at a public auction
      
      
    • to the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services
      related to the activities of the free time if the contract provides for a specific date or period of performance

    For further clarifications, contact the Owner at the e-mail address support@modulietemi.com.

12. Optional form to exercise the right of withdrawal

    The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address support@modulietemi.com before expiry of the withdrawal period:

    I hereby communicate the withdrawal from the sales or supply contract relating to the following product __________
    Order number:_______
    Ordered on: _______
    Name and Surname: _______ < br />Address: ______
    Email associated with the account from which the order was placed: ____________________
    Date: __________
    

13. Guarantee of conformity of digital products for consumer users

    Consumer Users are granted the guarantee of conformity, provided for by the articles. 135-decies and following of the Consumer Code, for all digital Products sold through the Application, except for the exclusion cases provided for by art. 135-novies of the Consumer Code.

    The Owner is responsible for defects of conformity that appear within two years from the date of supply. Any defects in conformity must be reported by the consumer User within twenty-six months from the date of supply or from the last act of supply. When the sales contract provides that the Digital Products are supplied for a specific period of time, the obligation to ensure compliance remains for the entire duration of that period.

    If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address support@modulietemi.com. The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow. For anything not provided for in this clause, the articles of art. apply. 135-octies to art. 135-vicies bis of the Consumer Code and the articles of the civil code regarding the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damages.

14. Industrial and Intellectual Property Rights

    All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright law and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them on the Application. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorization from the Owner.

15. Exclusion of warranty

    The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application action, nor does it provide any guarantee that the Application will meet Users' needs or that it will never be uninterrupted or error-free or that it will be free of viruses or bugs.

    The Owner will work to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or for events of force majeure.

16. Limitation of Liability

    The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its suppliers.

    The Owner will also not be responsible for damages, losses and costs suffered by the User following the failure to execute the contract for reasons not attributable to him, the User having the right only to a possible full refund of the price paid and the any additional charges incurred.

    The Data Controller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, cardholder name, password, etc.)

    The Owner will not be responsible for:

    • any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the violation of the contract by the Owner
      
      
    • incorrect or unsuitable use of the Application by Users or third parties
      
      
    • the issuing of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion</span >

    Under no circumstances may the Owner be held liable for a sum greater than double the cost paid by the User.

17. Force majeure

    The Owner cannot be held responsible for failure or delayed fulfillment of his obligations, for circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable and, in any case, independent events by his will.

    The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.

    The Data Controller will carry out any action within its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

18. Links to third party sites

    The Application may contain links to third-party sites/applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites/applications.

    Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

19. Privacy

    The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page https://www. moduleemi.com/it/policy

20. Applicable law and jurisdiction

    The Conditions are subject to Italian law.

    For Professional users, for any dispute relating to the Application, execution and interpretation of these Conditions, the court of the place where the Owner is based is competent.

    For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right to the Consumer User to appeal to a judge other than that of the "consumer court" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in the articles. 18, 19 and 20 of the civil procedural code.

    The application is reserved for Consumer Users who do not have their habitual residence in Italy of the possibly more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, to the methods and formalities of the communication of the same and to the legal guarantee of conformity.

21. Online dispute resolution for Consumer Users

    The Consumer User resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and supply of services stipulated online. Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 12/28/2023