General Conditions of Sale

GENERAL CONDITIONS OF USE

Welcome to our website www.emgmobility.it.
Access to and use of this website, as well as the related available services, are activities governed by these General Conditions of Use.
Access to and use of this website, as well as the purchase of the products it contains, require that these General Conditions of Use be read, understood and accepted.
Therefore, please read these General Conditions of Use, as well as the General Conditions of Sale, the Cookie Policy and the Privacy Policy carefully before using this website.
If you do not agree with all of these General Conditions of Use, as well as the data policies (Cookie Policy and Privacy Policy), please do not use this website and cease using it immediately.


1. Our data

This website www.emgmobility.it and its contents are the property of, and managed and administered by the company Trevi SpA, Strada Statale Consolare RN-RSM, 62 - 47924 Rimini (RN), VAT no. 01527080400.
The products purchased on www.emgmobility.it are sold directly by Trevi SpA, Strada Statale Consolare RN-RSM, 62 - 47924 Rimini (RN), VAT no. 01527080400, email address: info@emgmobility.it, telephone number 0541756420.

2. Contacts and assistance

If you need assistance please visit the Customer Service section. You will find information about orders and shipments, refunds and returns of products purchased on www.emgmobility.it, the website registration form, tips and other general information about the services provided.

You may request any information, make requests or share your doubts, also with reference to these General Conditions of Use, through our support services: contact the Customer Service.

For any other legal information, please refer to the sections Terms and Conditions, Shipments, Changes and Returns and Privacy Policy of www.emgmobility.it.

If you have any problems using our website, please contact the Customer Service. A Trevi Spa representative will be available to provide you with assistance and help you restore your access to the website, if this is possible.

3. Website access and registration

Using this website or placing an order through it implies acceptance of both these General Conditions of Use and the General Conditions of Sale, so if you do not agree with all of the above Conditions, as well as the data policies (Cookie Policy and Privacy Policy), please do not use this website.

Trevi Spa may amend or simply update all or part of these General Conditions of Use. Amendments and updates of the General Conditions of Use shall be notified to users on the Home page of www.emgmobility.it as soon as they are adopted and shall be binding as soon as they are published on the website in this same section.

Please regularly access this section to check the publication of the latest General Conditions of Use. If you do not agree with all or part of the General Conditions of Use, please do not use our website and cease using it immediately.

By accessing the website remember that you will be the one and only person responsible for the use of www.emgmobility.it and its contents. In fact, Trevi Spa cannot in any way be held liable for any use of the website and its contents by any of its users who does not comply with the laws in force, or for any negligent or improper use by the user.

Since any material will be downloaded or otherwise obtained through the use of the service at the user's own choice and risk, any liability for any damage to computer systems or loss of data resulting from downloading operations falls on the user and cannot be attributed to Trevi Spa.

Trevi Spa declines all responsibility for any damage deriving from the inaccessibility to the services on the site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, problems connected to the network, providers or telephone and/or telematic connections, unauthorised access, alteration of data, failure and/or malfunction of the user's own electronic equipment.

Upon registering or subscribing the services available through the website www.emgmobility.it you shall provide accurate and true information. You are requested to promptly inform Trevi Spa of any changes in the information provided at the time of registration or subscription so that you can receive messages sent by Trevi Spa and avoid that such messages are erroneously sent to third parties.

You shall be solely responsible for communicating information and data that is incorrect, false or relating to third parties, without their consent, as well as for the incorrect use thereof.

You shall be responsible for the properly storing and correctly using your personal information, including the credentials that allow you to access the reserved services, as well as for any damaging consequence or prejudice that may arise as a result of the incorrect use, loss or theft of such information.

If you have registered for a service that requires prior authentication (e.g. an Account), you undertake to inform Trevi Spa if you suspect that there has been unauthorised access to your account or your password has been violated. The liability arising from the use of your Account remains solely with you, provided that such use is attributable to you or arises from your failure to take appropriate measures to protect your password.

Without prejudice to any other remedy provided for by applicable law and by the General Conditions of Use, should you breach the provisions contained in the General Conditions of Use, Trevi Spa shall be entitled to cancel your registration or subscription, block your account and/or deny, limit, suspend or revoke your access to the website and to its services.

4. Age requirements

The services available on this website are not intended for persons under 18 years of age, or underage as per the law in force in their country. If you are under the age of 18, please do not register or subscribe to any service.

By placing an order through this website you guarantee that you are of the minimum age required by law to be able to validly execute a contract and that you are legally entitled to enter into effective and binding contracts.

Should Trevi Spa become aware of the fact that you are not of age according to the law in force in your country, or that you have made false statements about your age during the registration process, Trevi Spa will immediately cancel any registration or subscription and will stop providing services.

5. Withdrawal from site registration

Your registration to the website will be effective from when the relevant procedure is completed.

These General Conditions of Use, including any subsequent amendments and versions thereof, shall be effective for as long as you use the website and/or its services.

You will be entitled to withdraw freely at any time from registering on the website or subscribing to a service, without having to give any reason. To exercise this right, simply access your "user area" and select the "cancel account" function.

You will then receive confirmation of your cancellation and/or deactivation of services.

6. Privacy Policy and Cookie Policy

Please read the Privacy Policy and the Cookie Policy carefully. They also apply if you access www.emgmobility.it and use its services without purchasing any products.

The Privacy Policy helps you understand how www.emgmobility.it collects and uses your personal data and for which purposes.

The information or personal data you provide will be processed in accordance with the Privacy Policy. By using this website, you authorise us to process such information and personal data and you represent that all information and/or personal data provided to us is accurate and true.


7. How the contract of sale of the products is executed

The contract of sale concerning the products displayed for sale on this website may be executed, at your choice, in any of the languages in which the Conditions of Use and the General Conditions of Sale are available.

All contracts will only be executed by accessing the website corresponding to the address www.emgmobility.it where the customer will sign the contract for purchasing the desired product, following the instructions and as set out below.

All orders for products are subject to product availability.

The information contained on the website, in these General Conditions of Use, as well as the information contained in the General Conditions of Sale, does not constitute an offer to the public, but merely an invitation to submit a contractual proposal. No contract will exist between you and Trevi Spa in relation to any products until your order has been expressly accepted by Trevi Spa.

In order to place an order you will have to follow the online purchase wizard. It is understood that this will not imply acceptance of your order since the order constitutes an offer that you submit to Trevi Spa for the purchase of one or more products. All orders will be subject to the (discretionary) approval of Trevi Spa, which approval will be communicated to you by e-mail (the "Order Confirmation") confirming that the order has been accepted. The contract for the purchase of a product between you and Trevi Spa (the "Contract") will only be concluded when we send you the Order Confirmation.

Trevi Spa has the right to accept or not, at its own discretion, the order sent without you making any claim, for any reason, including compensation, in case of non-acceptance of the order.

Trevi Spa has the right not to accept orders from customers whose VAT number and/or Vies code are not regular.

The Order Confirmation by Trevi Spa will be sent by e-mail to the e-mail address you have indicated. This e-mail will contain:

• a summary of the General Conditions and Special Conditions applicable to the contract;
• information on the essential characteristics of the goods purchased;
• indication of prices and means of payment, delivery costs and applicable taxes;
• indication of the right of withdrawal.

Only the products set out in the Order Confirmation will be the subject of the Contract. We will not be obliged to supply you with any product until you receive the confirmation via the Order Confirmation that such product will be shipped.

You are obliged to check the accuracy of the data contained in the e-mail containing the Order Confirmation and, if necessary, promptly notify Trevi Spa of any errors or omissions.

Any orders erroneously sent will be refunded, subject to the return of the goods.

We also remind you that the product you purchase is exclusively intended for the country where you place the order; therefore, if you decide to place the product in a different country, you are directly and solely responsible for placing it there and are required to follow the applicable regulations and restrictions both for export from the country where you purchased the item and for import into the country where you intend to take it. Trevi Spa declines any responsibility in this respect as of now.

8. Information and images on the website

The information on products and services available on the website www.emgmobility.it is published for descriptive or promotional purposes only.

The appearance and colours of the products displayed may also depend on the settings of your computer or device and we can in no way guarantee that what is displayed corresponds to reality.

Although Trevi Spa undertakes to ensure that the information published on the website is accurate and constantly updated, no guarantee is given as to the correctness, completeness, accuracy or up-to-dateness of the information on the website, including for example descriptions of products, services, prices and/or indications of availability.

9. Intellectual property rights

All rights, titles and interests relating to the website and any part of its content, including the products that are marketed through the website, are property of Trevi Spa and/or granted in use to the latter by third party holders.

The contents of www.emgmobility.it, such as merely by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, including the menus, web pages, graphics, colours, schemes, tools, fonts and design of the website, diagrams, layouts, methods, processes, functions and software that are part of www.emgmobility.co.uk, are protected by copyright and any other intellectual property rights of Trevi Spa and other right holders.

It is forbidden to reproduce, in whole or in part, in any form, www.emgmobility.it and its contents, without the express written consent from Trevi Spa.

Trevi Spa has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of www.emgmobility.it and its contents.

With regard to the use of www.emgmobility.it you are authorised to only view the website and its contents for personal and informative purposes. You are also authorised to carry out any other temporary operation of reproduction, devoid of any own economic value, being considered as a temporary or incidental, integral and essential part of the display of www.emgmobility.it and its contents and any other browsing of the website, which is performed only for a legitimate use of www.emgmobility.it and its contents.

 On the other hand, you are not authorised to make any reproduction, on any medium, in whole or in part, of www.emgmobility.it and its contents, or to modify, copy, download, create derivative works or extracts, publish or otherwise use the material on the website www.emgmobility.it.

Any reproduction must be authorised from time to time by Trevi Spa or, where necessary, by the authors of the single works contained on the website.

In any case, the reproduction of the intellectual property on the website for the purposes of sale, distribution for commercial purposes, insertion or posting on other websites not expressly authorised is prohibited.

 Breaching the rules protecting intellectual property may expose the offender to civil and criminal liability.

10. Trademarks and domain name

Trevi Spa is authorised to use exclusively the logos and registered trademarks "Trevi", "emg" and "emgmobility" and any other distinctive sign that includes the word "Trevi", "emg", "emgmobility", including the domain name "www.emgmobility.it".

Any distinctive signs distinguishing the products sold on www.emgmobility.it and displayed on the website but not belonging to Trevi Spa are registered trademarks of their respective owners and are used within www.emgmobility.it, for the sole purpose of distinguishing, describing and advertising the products for sale on www.emgmobility.it.

Trevi Spa and all the other owners of registered trademarks are entitled to make exclusive use of the trademarks they own.

You are not authorised, except with the consent of Trevi Spa and of any other owner of registered trademarks published on the website, to use these trademarks to distinguish products or services, even if not similar to those of www.emgmobility.it or of the other trademark owners.

Any use of these trademarks, which does not comply with the law, as unauthorised, is prohibited and will result in serious legal consequences. It is forbidden to use these marks and any other distinctive sign on www.emgmobility.it in any way whatsoever to take unfair advantage of the distinctive character or reputation of these marks or in such a way as to prejudice them and their owners.

11. Third-party content and/or links to external sites

The website may include, use or display content created by third parties, information obtained from public sources and/or contain links to external websites or web pages managed by third parties. Trevi Spa does not exercise any control or monitoring over the contents of third parties and therefore cannot hold any responsibility for the accuracy, security or reliability of the contents of third parties and cannot guarantee that such contents are free from viruses or other features, which may damage the data and/or property of users.

Trevi Spa declines all responsibility towards users for any loss or damage they may incur due to or in any case as a result of the use of, access to, or reliance on any third party content by users.

12. Links to www.emgmobility.it

Anyone interested in activating links to the home page and other publicly accessible web pages of www.emgmobility.it should contact Trevi Spa at the following e-mail address: info@emgmobility.it. The contact is necessary to activate the request for consent to the hyperlink to www.emgmobility.it.

Trevi Spa has the right to object to the activation of direct links to its website should the requesting party have adopted, in the past, unfair commercial practices or practices which are not aligned with the industry customs or actions of unfair competition against Trevi Spa or its suppliers, or if Trevi Spa fears that such behaviour may be adopted in the future, or when the requesting party has adopted in the past or it is feared that it may adopt in the future, actions discrediting Trevi Spa, its websites or its services. In any case, the activation of deep hyperlinks (such as deep frames or deep links) to www.emgmobility.it or the unauthorised use of meta-tags without the consent of Trevi Spa is prohibited.

13. Exclusion of liability

To the maximum extent permitted by applicable law, Trevi Spa shall in no event be liable to you or to any third party for any damage or loss resulting from the use of the website and/or the content and services contained therein, from the use of the products on sale or any information contained on the website.

Trevi Spa also declines all responsibility for any damage, whatever its cause, origin, nature and consequences, that may derive, in any way, from the user's reliance on information provided directly or indirectly on the www.emgmobility.it website.

It is reiterated that by accessing the website you will be the one and only person responsible for the use of www.emgmobility.it and its contents. Trevi Spa cannot in any way be held liable for any use of the website and its contents by any of its users failing to comply with the laws in force, or for any negligent or improper use by the user.

Since any material will be downloaded or otherwise obtained through the use of the service at the user's own choice and risk, any liability for any damage to computer systems or loss of data resulting from downloading falls on the user and cannot be attributed to Trevi Spa.

Trevi Spa declines all responsibility for any damage deriving from the inaccessibility to the services on the site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, problems connected to the network, providers or telephone and/or telematic connections, unauthorised access, alteration of data, failure and/or malfunction of the user's own electronic equipment.

The user agrees to indemnify and hold Trevi Spa harmless from any lawsuit, claim, or complaint by third parties that depends on or is in any way connected to an irregular and/or illegal use of the website and/or its services and contents by the user or by third parties.

14. Applicable law and dispute settlement

These General Conditions of Use and, more generally, the use of the website www.emgmobility.it, are governed by Italian law and, in particular, where it is mandatory under the law, also by the Italian Legislative Decree no. 206 dated 6 September 2005, on the Consumer Code under Chapter I "Consumers' rights in contracts".

Please also note that the European Commission provides a platform for out-of-court alternative dispute settlement, accessible at http://ec.europa.eu/odr.

We would also like to inform you that Trevi Spa approves the Joint Settlement procedure in case of dispute settlement:

"According to article 49 paragraph 1 letter V of the Italian Legislative Decree dated 6 September 2005 no. 206 (Consumer Code) the customer can make use of the Joint Settlement procedure. The procedure may be initiated if, after submitting a complaint to the company, within 45 days, the consumer has not received any reply or has received a reply that he/she is not satisfied with. The customer who decides to avail himself/herself of the Joint Settlement procedure is required to send his/her request to: conciliazione@consorzionetcomm.it or fax 02/87181126. For further information please see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica”

In case disputes arising between Trevi Spa and any of its users in relation to the use of the site, Trevi Spa guarantees, as of now, its full acceptance of the RisolviOnline settlement service.

RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which enables a satisfactory agreement to be reached, with the help of a neutral and competent arbitrator, in a friendly and secure manner, on the Internet.

For further information on the RisolviOnline regulations or to send a settlement request, log on to Risolvionline.com.


Should it not be possible to reach an amicable agreement, without prejudice to the mandatory provisions of the law in force in the country of residence of the consumer on the exclusive jurisdiction, any disputes between the seller and the customer shall be settled exclusively at the Court of Forlì - Italy.

GENERAL CONDITIONS OF SALE

The offer and sale of products on our website(www.emgmobility.it) are governed by these General Conditions of Sale (hereinafter also referred to as the "General Conditions").

The products purchased on www.emgmobility.it are sold directly by Trevi SpA, Strada Statale Consolare RN-RSM, 62 - 47924 Rimini (RN), Business and Trade Registry number RN-200005, VAT no. 01527080400, e-mail address: info@emgmobility.it, telephone no. 0541756420 (hereinafter also referred to as the "Seller").

All contracts for the sale of products executed through the site www.emgmobility.it are governed by these General Conditions, which form an integral and substantial part of any proposal, order and order confirmation.

The user may request any information regarding orders and shipments, refunds and return of purchased products through our support services: contact Customer Service.

For any other legal information, please refer to the sections: General Conditions of Use, Privacy Policy and Right of withdrawal.

1. Acceptance of the General Conditions of Sale and applicable law

By placing an order in the manner and according to the procedures indicated on the site, the site’s user declares that he/she has fully read and is familiar with these General Conditions of payment and delivery and accepts them fully and unconditionally. These General Conditions are an integral part of the sales contract concluded between the user and Trevi Spa.

Trevi Spa shall not be bound by any further and/or different condition, which has not been previously accepted in writing.

These General Conditions may be amended by the Seller at any time. The General Conditions in force at the time the order is placed by the user will apply to the single sales contract, unless the change is made pursuant to law or at the request of a government authority, in which case it will also apply to orders already placed.

Except for the application of the mandatory rules provided for the protection of the consumer in the consumer's country of residence (only in cases where they are mandatory), all sales contracts concluded through this website, including any issues relating to their validity, interpretation and execution, are governed by the Italian law.

2. Conclusion and subject matter of the sale contract

All contracts shall be concluded exclusively through access to the website corresponding to the address www.emgmobility.it where the customer, following the instructions and as set out below, will execute the contract for the purchase of the desired product.

All orders for products are subject to their availability.

To place an order, you shall follow the online purchase wizard. In the shipping data section, you will be asked for all data required to ship the goods and to issue the relevant tax documents.

Once the order has been sent, the user will promptly receive an e-mail containing the order number and a summary of the purchase details (the "Order Confirmation"). The user can check the status of the order at any time in the appropriate section of his/her profile.

All orders will be subject to the approval of Trevi Spa, which is provided by the Order Confirmation. The sales contract between Trevi Spa and the user (the "Contract") will be considered concluded when the Order Confirmation is sent.

The user is obliged to check the accuracy of the data contained in the e-mail containing the Order Confirmation and promptly notify Trevi Spa of any errors or omissions.

 The product purchased is exclusively intended for the country from where the user places the order. Therefore, if the user decides to place the product in a different country, the user is directly and solely responsible for such placement and is required to follow the applicable regulations and restrictions both for the export from the country where he/she purchased the product and for the import in the country where he/she intends to place it. Trevi Spa declines all responsibility in this respect.

3. Prices

All prices displayed on the www.emgmobility.it website are in EURO and include VAT (value added tax).

Shipping costs are not included in the purchase price but will be calculated and clearly indicated before the conclusion of the sales contract and before payment is made.

Any customs charges for shipments outside Italy or required by the local authorities of the country of destination are also excluded.

4. Payments

For payment of the price of products and related shipping and delivery costs, you can follow one of the methods indicated during the purchase wizard.

The payment of the purchased products can be made by Credit Card (Visa, Mastercard, Maestro). Any other method of payment made available to the user will be indicated during the purchase wizard.

Every purchase is made with the utmost security thanks to the use of the most advanced technological systems in the field of e-commerce and with encryption systems (SSL) to protect personal data and credit card information from unauthorised access. Credit card data is sent to payment processors during the order process and is protected against unauthorised access by SSL ("Secure Socket Layer") encrypted data transfer. This data is not accessible by third parties. Your credit card will only be charged for the transactions after:

• credit card details have been verified;
• authorisation to debit has been received from the company issuing the credit card used;
• the availability of the ordered product has been checked and confirmed by Trevi Spa.

A regular invoice will be issued after the shipment of products.

5. shipments abroad and customs charges

For shipments within the European Union to customers who qualify as consumers under the law (not holders of a VAT number), prices will be invoiced inclusive of VAT at the rate in force in Italy at the time of Order Confirmation (e.g. 22% in 2020).

For shipments within the European Union to customers with a VAT number, indicated in the appropriate field during the purchase procedure, the invoice will be issued without VAT (provided that the customer's VAT number is duly registered with Vies).

For extra-EU shipments, regardless of the customer's qualification (consumer or economic supplier), the sale qualifies as a direct export that is not taxable for VAT pursuant to Article 8 paragraph 1 letter a) of Presidential Decree no. 633/72.

Any additional cost of customs clearance at destination will be charged to the customer. Trevi Spa has no control over these costs and cannot foresee their amount, the verification of which is the sole responsibility of the customer.

In any case and for no reason will Trevi Spa be responsible for duties and/or taxes other than those provided for by Italian tax and customs regulations.

Customs policies vary considerably from country to country and the user should therefore contact the local customs office for further information. In fact, when the user places orders on the website www.emgmobility.it he is considered an importer and is therefore obliged to comply with all the legislation and regulations of the country where he receives the goods. Trevi Spa is expressly exempt from any liability in this respect.

6. Transport and shipping

Transport and shipping costs will be calculated and clearly communicated to the user during the order process and before payment.

For the shipment of products to foreign countries, please refer to paragraph 5 above.

7. Product availability

The availability of products, although constantly updated, is indicative of the quantities in stock. It is possible that non-availability of the products indicated on the website may occur.

In case of partial or total unavailability of one or more products, which occurs even after the Order Confirmation has been sent, the customer will be informed by e-mail, also indicating whether or not the desired product will be available in the future and the expected time of supply. Upon receipt of this e-mail, the customer may decide whether to: a) accept delivery in several shipments; b) wait for all products to be available for a single, total delivery; c) request total or partial cancellation of the order. In any case, any decision by the customer must be communicated by the latter in writing by replying to the alerting e-mail.

8. Delivery of products

Once the purchased products are ready for shipment and the package leaves the warehouse, an e-mail confirmation of shipment will be sent to the customer. The purchased products will be delivered by courier to the address indicated by the customer.

Deliveries to P.O. boxes and poste restante will not be made. Without implying any commitment on the part of Trevi Spa, delivery times in Italy are approximately 3-7 working days from receipt of payment.
The email informing the customer of the shipment contains the name of the courier, the tracking number and the estimated delivery date. By clicking on the tracking number, you can follow the shipment on the courier's website. Upon delivery of the goods, the customer must carry out all the necessary checks to detect any faults, lacks, defects, other apparent defects or non-conformity of the products delivered with respect to the order. In particular, the customer must check the condition of the packaging, that it is not altered or not intact, the number of packages, and the products in terms of quantity, codes, condition and characteristics.

Any damage to the packages and/or products or the mismatch in the number of packages must be immediately notified, under penalty of forfeiture, by means of a handwritten reservation by the customer on the courier's delivery document.

9. Packaging and packing

Trevi Spa carries out the packaging for the shipment in the form considered most appropriate and is not liable for any damage, tampering or shortages that may occur after the goods have left its warehouses.

The packaging of the products is carried out according to the experience of use, except for specific requests made by the customer that must be expressly formulated in writing in the purchase order.

10. Product warranty

a) Legal guarantee for the consumer customer: the consumer customer (hereinafter, "Consumer"), as defined in Article 3 of the Consumer Code (hereinafter, "Consumer Code", Legislative Decree no. 206 of 6 September 2005), is entitled to make use of the legal guarantee provided for by the Consumer Code itself in Articles 128 to 132. Said guarantee provides, among other things, that the Consumer, under penalty of forfeiture, shall report to the seller any lack of conformity found by the Consumer in the product purchased within 2 (two) months from the discovery (art. 132, Consumer Code), by filling out the appropriate form on the website.

Following such report, the Consumer shall have the right to request the repair or replacement of the product, without prejudice to the other rights provided by law in favour of the Consumer. By virtue of the above legal warranty, the Seller is responsible for conformity defects that occur within 2 (two) years from delivery of the product. Beyond this term, therefore, Trevi Spa shall not be liable for conformity defects found by the Consumer. In case of replacement or repair of the product, the terms of the warranty on the product given as a replacement or resulting from the repair are the same as those of the original product. Therefore, the overall two-year duration of the legal guarantee shall start from the delivery of the original product. In order to benefit from the guarantee, the Consumer must present the purchase invoice. In any case, for the regulation of the legal guarantee, please refer to the norms of the Consumer Code as per articles 128 and following.

The legal warranty protects the goods against defects of conformity with the sales contract. The customer can find more information on the scope, content and rules for the exercise of the legal warranty, with examples, by contacting the Customer Service of Trevi Spa.

In any case, defects caused by carelessness, negligence and failure by the customer to comply with the maintenance instructions for the products and indicated in the user manual that is delivered to the customer together with the products are not covered.

b) Legal guarantee for the non-consumer customer (Professional Customer): The Professional Customer, as defined in Article 3 of the Consumer Code, is entitled to make use of the Legal Warranty provided for in the Civil Code. This Warranty provides, among other things, that the Professional Customer, under penalty of forfeiture, must notify the Seller of any lack of conformity found in the purchased product within 3 working days of receipt in the case of obvious defects, and within 5 (five) working days of discovery in the case of hidden defects. The above legal warranty is valid for a maximum period of 12 (twelve) months from delivery of the product. Beyond this term, therefore, Trevi Spa shall not be liable for conformity defects found by the Professional Customer. In order to benefit from the warranty, the Customer must present the purchase invoice. Any damage to packages and/or products or the mismatch in the number of packages must be immediately notified, under penalty of forfeiture, by means of a handwritten reservation by the customer on the courier's delivery document.

In any case, defects caused by carelessness, negligence and failure by the customer to comply with the provisions for the use and maintenance of the products, and indicated in the user manual that is delivered to the customer together with the products, are not covered.

11. Exclusion of liability in case of fraudulent use of the payment card

Please note that at no time during the registration and/or purchase of products on the website www.emgmobility.it, is the seller able to know the number of the credit card used and other related data, since this is a protected connection through which data provided are transmitted directly by the bank managing the service.

Trevi Spa does not receive, record or store any element relating to the user's banking information.

Trevi Spa is not responsible for any fraudulent and/or illegal use of credit cards and other means of payment, which may be made by third parties during, at the time of or as a result of the payment for products purchased on the website www.emgmobility.it.

In case of fraudulent and/or illegal use of the credit card by third parties, the customer can only contact the credit card or payment card issuing institution to request the refund of the amount. Trevi Spa declines any and all responsibility in this regard.

12. Force majeure

Trevi Spa is not liable for any non-performance, even partial, or delays in the performance of one or more obligations under the contract due to impediments beyond the reasonable control of Trevi Spa and not easily solvable ("Force Majeure Events").

In the absence of proof to the contrary, the following are considered Force Majeure Events: (i) earthquakes, floods or similar natural events that prevent, in whole or in part, the performance of the contract in the agreed time and manner; (ii) accidents, strikes and/or lockouts, acts of terrorism, war, armed conflicts, hostilities, invasion and similar events that prevent, in whole or in part, the performance of the contract in the agreed time and manner; (iii) epidemics and/or pandemics; (iv) acts of authority, whether lawful or unlawful, compliance with laws or governmental orders, rules, regulations, curfews, expropriation, forced purchase, confiscation of goods, requisition and similar acts, including any measures of any kind which tighten up or extend such acts, laws, governmental orders, rules or regulations, which prevent, in whole or in part, to perform the contract in the agreed time and manner.

In case of Force Majeure Events that prevent or delay the delivery of the purchased product for more than 3 months, the customer will be entitled to a mere refund of the price paid, if any, and Trevi Spa will not be liable to anyone, either directly or indirectly, for any damage, loss or prejudice of any kind or nature.

13. Right of withdrawal - Conditions for the exercise of the right of withdrawal pursuant to Article 52 of the Consumer Code

If the Purchaser is acting as a private "Consumer", as defined by Legislative Decree no. 206 of 6 September 2005 (hereinafter also referred to as the "Consumer Code"), pursuant to art. 52 of the Consumer Code, he/she has the right to withdraw from the contract entered into with the Seller, without any penalty and without having to provide any reason, within 14 (fourteen) days from the day in which he/she received the products purchased on www.emgmobility.it.

In any event, the Consumer undertakes to return the goods without undue delay and in any case within and not later than 14 (fourteen) days from the date of communication of the withdrawal, with the awareness that the organization of the return of the goods and the relative costs are at his sole expense. The costs and risks associated with the return of the products are in fact at the expense of the Consumer.

Pursuant to art. 59 of the Consumer Code, the right of withdrawal is not applicable when the purchaser is not acting as a private consumer within the meaning of the Consumer Code;
to products manufactured according to the purchaser's specifications;
to customised products or products which, due to their nature, cannot be returned or are liable to deteriorate.
In order to exercise the right of withdrawal, it is sufficient for the purchaser to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period of 14 days from the date on which he received the goods purchased and which he intends to return.

Pursuant to art. 54 of the Consumer Code, in order to manifest the will to withdraw, the Consumer shall download and fill in, following the instructions contained therein, the withdrawal form inserted in the appropriate user area within 14 days from the date of delivery of the product that he intends to return.
Alternatively, it is possible to send an explicit declaration of the decision to withdraw from the contract by registered letter to the address:

Trevi spa

Strada Statale Consolare RN-RSM 62

47924 Rimini (RN) - Italy

Once the request to exercise the right of withdrawal has been received, Trevi Spa will acknowledge the request as soon as possible and will send the customer a message by e-mail with a PDF file attached containing the confirmation of the exercise of the right of withdrawal by the purchaser.
The Consumer must print the file received as an attachment via e-mail (or, alternatively, fill out the pre-printed document that may have been received with the product) and insert this document in the package containing the product that is being returned and that will be sent back to the Seller.
The Consumer must re-package the product, which must be intact, with the same packaging in which it was received (or with equivalent packaging), inserting inside also any manuals and other accessories, in addition to the document that confirms the exercise of the right to withdraw.
Subsequently, the Consumer must organise, with the choice of carrier and costs borne by the Consumer, the shipment and/or the relative return procedures, and must send the package within and no later than 14 days from the date of exercise of the right of withdrawal to the following address:

Trevi spa

Via Raibano 40

47853 Coriano (RN) - Italy

The Consumer will be responsible for any damage caused by transport.
Trevi Spa will reject any returns sent to an address other than the one indicated above or for which the Consumer has not paid the transport costs.

The 14-day period is considered respected if the Consumer returns the goods subject to withdrawal before the expiration of the 14-day period starting from the day on which he/she exercised the right of withdrawal.

The product must be returned intact and in perfect condition, in its original packaging or equivalent packaging and equipped with all its accessories, including the user manual.

In any case, the seller expressly reserves the right, pursuant to art. 56 paragraph 3 of the Consumer Code, to withhold the refund until it has received the goods or until the Consumer has demonstrated, with certain proof, that he has returned the goods, whichever is sooner.

If all the required conditions have been complied with, pursuant to Article 56 of the Consumer Code, Trevi Spa shall refund the price of the purchased products in full, with the Consumer bearing only the costs of the return, i.e., those for the return of the products and any damage resulting from transport.

Failure to comply with the prescribed provisions shall entitle Trevi Spa to refuse the exercise of the right of withdrawal and the return of the purchased product and to retain the sums paid.

When returning products to Trevi Spa, it is not required that the goods to be returned are insured against theft and accidental transport damage. However, since the risk inherent to the return of goods is borne by the purchaser, Trevi Spa invites purchasers who intend to exercise their right to withdraw from the contract to insure, at their own expense, the shipment for the value indicated in the e-mail containing the Order Confirmation.

14. Refund times and methods

If all the conditions required have been met and the withdrawal has been exercised within the time period prescribed by law, the Consumer will receive an e-mail confirming acceptance of the return and Trevi Spa will refund the price of the returned product and shipping costs in full - net of any additional shipping costs pursuant to art. 56, paragraph 2, of Legislative Decree 206/2005 and subsequent amendments and additions (e.g.: if the Consumer has chosen a type of delivery other than the least expensive type made available by the site) - using the same means of payment chosen by the Consumer at the time of purchase. In any event, the costs of the return shall be borne by the Consumer.
The reimbursement shall be made within 14 days from the date in which the Seller has received notice of the exercise of the right of withdrawal by the Consumer.

The Seller expressly reserves the right, pursuant to art. 56 paragraph 3 of the Consumer Code, to withhold the reimbursement until it has received the goods or until the Consumer has demonstrated, with certain evidence, to have sent back the goods, depending on which situation occurs first.

The actual time for viewing the re-credit or refund of the amounts paid for the purchase of the products depends on the institution that issued the card.

Pursuant to art. 57, paragraph 2, of the Consumer Code, the Consumer shall also in any case be responsible for the decrease in value of the returned products resulting from use other than that necessary to allow him to ascertain the nature, characteristics and operation of the products themselves.

In this case, a percentage of between 10 and 90 per cent of the sums paid to the seller for the purchase of the returned products will be deducted from the refund provided, as specifically notified by the seller by e-mail. If the sums have already been returned to the Consumer, Trevi Spa reserves the right to ask the Purchaser to reimburse the decrease in value found.

15. Liability and exemption from liability

The liability of Trevi Spa for products purchased on the website www.emgmobility.it will in any case be limited exclusively to the purchase price of the purchased product.

Without prejudice to the above, the liability of Trevi Spa is not excluded or limited in the following cases only:

a) cases of death or personal injury resulting from the negligence of Trevi Spa
b) cases of intent or gross negligence; or
c) any circumstance in which it would be illegal or unlawful for Trevi Spa to exclude, limit or attempt to limit or exclude liability.

 Without prejudice to the above and to the extent permitted by applicable law, Trevi Spa will not accept any liability, of any kind or nature, for punitive and/or indirect damages, such as, but not limited to: (i) loss of profit (ii) loss of business (iii) loss of earnings or loss of contracts (iv) loss of data (v) wasted time and money on assistance, including legal assistance, and office administration.

16. Intellectual Property

All rights, titles and interests relating to the Website and any part of its content, including the products that are marketed through the Website, are owned by Trevi Spa and/or granted for use to it by third party owners.

The contents of www.emgmobility.it, such as, merely by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, including the menus, web pages, graphics, colours, schemes, tools, fonts and design of the website, diagrams, layouts, methods, processes, functions and software that are part of www. emgmobility.it, are protected by copyright and all other intellectual property rights of Trevi Spa and other right holders.

Reproduction, in whole or in part, in any form, of www.emgmobility.it and its contents is prohibited without the express written consent of Trevi Spa. Trevi Spa has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of www.emgmobility.it and its contents.

With regard to the use of www.emgmobility.it, the user is only authorised to view the website and its contents for personal and informative purposes. The user is also authorised to carry out all those other temporary acts of reproduction, devoid of any economic significance of their own, which are considered transitory or accessory, an integral and essential part of the same display of www.emgmobility.it and its contents, and all other operations of navigation on the website that are carried out only for a legitimate use of www.emgmobility.it and its contents.

On the other hand, the user is not authorised to carry out any reproduction, on any medium, in whole or in part of www.emgmobility.it and its contents, or to modify, copy, download, create derivative works or extracts, publish or otherwise use the material on the site www.emgmobility.it.

Any act of reproduction must be authorised from time to time by Trevi Spa or, if necessary, by the authors of the individual works contained in the website.

Reproduction of the intellectual property on the website for purposes of sale, distribution for commercial purposes, insertion or posting on other websites not expressly authorised is in any case prohibited.

Violation of the rules protecting intellectual property may expose the offender to civil and criminal liability.

17. Processing of personal data

The user's data are processed by the seller in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the "Privacy Policy" section.

Trevi Spa will process the personal data provided by the customer for the online purchase of products sold on the website www.emgmobility.it, in compliance with the legislation on the protection of personal data and mainly in electronic or manual form. The purpose of the processing is to perform operations, or a series of operations (including but not limited to: collection, recording, organisation, storage, processing, communication, modification, selection, use, deletion, destruction), concerning the personal data provided by the customer when filling in and sending the online order to purchase products.

In particular, the above processing is carried out:

• to fulfil any legal and/or regulatory obligations (e.g. tax and accounting obligations), intra-group reporting, internal controls;
• for the management and execution of the procedure of sending purchase orders and the contract that may have been concluded, including communications by e-mail and/or by SMS related to and suitable to the online purchase procedure;
• for the performance of obligations arising out of and in connection with the contract, such as, but not limited to: the performance of transport and customer services.

With respect to the above-mentioned purposes, the provision of data, although optional, is necessary for the execution of the online purchase service and any refusal to provide such data makes it impossible for Trevi Spa to provide the service. In order to carry out the processing for the above-mentioned purposes, it is not necessary to obtain the customer's consent.

In order to correctly carry out the above-mentioned activities, the data will mainly be accessed by the employees of the IT division and the personnel in charge of managing online sales and related services, as well as the administrative personnel who verify payments and shipments. Trevi Spa undertakes to process data and information transmitted by the customer as confidential and not to disclose it to unauthorised persons, nor to use it for purposes other than those agreed.

The customer's data will be kept for the time strictly necessary to carry out the activities referred to above. If necessary, this data may be produced at the request of the Judicial Authority or other Authorities authorised by law.

The data controller is Trevi SpA, Strada Statale Consolare RN-RSM, 62 - 47924 Rimini (RN), Italy, VAT no. 01527080400.

In relation to the processed data, the customer has the right at any time to exercise the rights set forth by law and, in particular, among others, to obtain a copy of the processed data, its updating, correction or integration, cancellation, anonymization or blocking for processing breaching the law, to oppose the processing for legitimate reasons.

18. Customer service

The customer can request any information through our support services: contact Customer Service. For further clarifications please access the Customer Service area.

19. Applicable law

These General Conditions of Sale are governed by the Italian law and, where applicable, by the Consumer Code, Chapter I "Consumers' rights in contracts", with specific reference to the regulations on remote contracts and by the Italian Legislative Decree No. 70 dated 9 April 2003 on certain aspects of electronic commerce. This is without prejudice to the mandatory provisions of the law in force in the consumer’s country of residence.

20. Exclusive jurisdiction

In case of disputes between the seller and the customer, please note that the European Commission provides a platform for out-of-court alternative dispute settlement, accessible at http://ec.europa.eu/odr.

In any case, the seller guarantees as of now, pursuant to Article 14 of EU Regulation 524/2013, full acceptance of the RisolviOnline settlement service.

RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which enables a satisfactory agreement to be reached, with the help of a neutral and competent arbitrator, in a friendly and secure manner, on the Internet. For further information on the RisolviOnline regulations or to send a settlement request, log on to Risolvionline.com

Should it not be possible to reach an amicable agreement, without prejudice to the mandatory provisions of the law in force in the country of residence of the consumer on the exclusive jurisdiction, any disputes between the seller and the customer shall be settled exclusively at the Court of Forlì - Italy.

21. Partial nullity

Should any article or paragraph of the General Conditions of Sale, or any part thereof, or any of the special conditions that may be applicable, be deemed invalid, unlawful, ineffective, or otherwise unenforceable by the competent Authority, such article or paragraph or provision shall be deemed not to have been included, while the other articles, paragraphs and provisions shall remain valid to the fullest extent permitted by law.

22. Specific approval pursuant to Articles 1341 and 1342 of the Italian Civil Code

The customer hereby specifically approves the following clauses pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code:

• 10. Product warranty
• 13. Right of withdrawal - Conditions to exercise the right of withdrawal, pursuant to Article 52 of the Consumer Code
• 11. Exclusion of liability in case of fraudulent use of the payment card
• 15. Liability and exemption from liability
• 20. Exclusive jurisdiction