Terms and conditions
GENERAL CONDITIONS OF SALE
Art. 1 General Provisions
1.1 By navigating in this area, the User accesses emmestore.it/.fr/.com, navigation and the transmission of a purchase order on the site means acceptance of the Conditions and Data Protection Policies adopted by the site and therein indicated
1.2 These General Conditions of Sale apply to the remote sale of products with exclusive reference to purchases made on the emmetistore.it/.fr/.com website in accordance with the provisions of Part III, Title III, Chapter I of Legislative Decree 206/ 2005 amended by Legislative Decree 21/14 and by Legislative Decree 70/2003 transposing the EU Directive on Information Society services (so-called "E-Commerce Directive") by Emmeti Store S.r.l., with headquarters in Via Turin 168, 10093 Collegno (TO), VAT number 05379260010.
1.3 The User is required, before accessing the products supplied by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
1.4 The User is invited to download and print a copy of the purchase form and of these General Conditions of Sale, the terms of which Emmeti Store S.r.l. reserves the right to unilaterally modify without notice.
Art. 2 Definitions
The term "General Conditions" means this document.
The term "Customer" means the subject, whether consumer or professional, natural or legal person, who makes a purchase of one or more Products, according to the indications on the Site and in the General Conditions.
The term "Consumer" means the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The term "Products" means all the products marketed by Emmeti Store S.r.l. on the Site. the term "Point of Sale" means the Emmeti Store S.r.l.
The term "Site" means the official website of Emmeti Store S.r.l https://www.emmetistore.it/ The term "Purchase Order" means the Customer's order, generated by the system at the end of the procedure of purchase, which contains the details of the Products and Services purchased, as well as the acceptance of these General Conditions and the Conditions of the Services purchased if applicable. The term "Order Confirmation" means the written communication sent by Emmeti Store S.r.l., to the Customer, to the e-mail address indicated by the latter, containing the confirmation of the successful conclusion of the Sales Contract by sending the 'Purchase Order and the data contained therein. The term "Sales Contract" means the sales contract finalized between the Customer and Emmeti Store with the sending of the Purchase Order and with the payment of the Product/s and/or the Service/s i purchased.
Art. 3 Conclusion of the contract
3.1 The Customer can purchase the products/products present on the Emmeti Store S.r.l. website. The art. 51 paragraph 2 of the Consumer Code prescribes that if a distance contract that must be concluded by electronic means imposes an obligation on the consumer to pay, the professional must clearly and evidently communicate the information referred to in article 12, directly before that the consumer forwards the order. Furthermore, with this paragraph, Emmeti Store S.r.l. fulfills the obligation to guarantee that, when submitting the order, the Consumer expressly acknowledges that the purchase proposal - if accepted by Emmeti Store S.r.l. – involves the obligation to pay the agreed price and all specified costs
3.2 The Customer, by carrying out the purchase procedure indicated on the site, will be able to choose the products of his interest, check the total value of the Products he intends to purchase while as regards the costs of one shipping the same will be quantified at the time of forwarding of the order confirmation by Emmeti Store S.r.l. as indicated in point no. 3.4
3.3 The Purchase Order must be completed exactly by the Customer in all its parts and must contain the exact identification of the product/s ordered, of the Customer and of the place of delivery.
3.4 The Purchase Order is valid as a contractual proposal of the Customer expressed online. By sending the order proposal, the Customer offers to purchase a Product or a Service. The sending of the order proposal does not bind EMMETI Store S.r.l. in any way. – unless otherwise established on the Site – nor can the online offer of Products or Services be understood as a proposal to the public pursuant to art. 1336 of the civil code Following the order, once the purchase has been completed and the payment has been arranged, an order confirmation e-mail will be sent automatically by the system which will not yet have the value of express acceptance.
3.5 Emmeti Store S.r.l. accepts the order within the limits of the quantities existing in the warehouse, therefore, Emmeti Store S.r.l. does not guarantee the certainty of assignment of the ordered Product.
Subsequently, a new e-mail will be received in which the availability or otherwise of the goods in the warehouse and the delivery times will be communicated, and the order will be considered accepted and the remote contract completed, albeit within the limits of what is indicated in point 3.5 and 3.7.
3.6 The Order Confirmation will contain the summary of the order, in which the details of the order are shown, the price of the product, the transport costs and the service chosen and any ancillary charges, the delivery address.
3.7 In any case, Emmeti Store S.r.l. reserves the right to refuse the purchase proposal sent, by way of example but not limited to, in the following cases: previous default in any capacity, subjection to insolvency proceedings lack of availability of goods in warehouses, orders clearly incorrect, orders with missing data, prices below market.
Art. 4 Registration
4.1 In completing the registration procedure, the Customer undertakes to follow the instructions on the site and to provide correct and truthful personal data.
4.2 Once registered, the Customer will receive a confirmation email in the email indicated by him. 4.3 The Customer undertakes to promptly inform Emmeti Store S.r.l. of any variation of his data indicated during Registration.
4.4 If the Customer communicates inaccurate or incomplete data or even if there is a dispute by Emmeti Store S.r.l., regarding the payments made, Emmeti Store S.r.l. will have the right not to activate or suspend the Delivery until the relative deficiencies have been rectified.
4.5 On the occasion of the first request for activation of a profile by the Customer/User, the same will indicate the username/e-mail and password. The Customer acknowledges that these identifiers constitute the validation system for the Customer's access to the online services and the only system suitable for identifying the Customer who, with the acts performed through this access, will be attributed to him and will have binding effect on him.
4.6 The Customer undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them to third parties.
Art. 5 Availability of products
5.1 The availability of the products refers to the actual availability at the time the Customer places the order. This availability is purely indicative due to the effect of the simultaneous presence of multiple users on the site, the products could be sold to other customers before the order confirmation.
5.2 Even after sending the order confirmation, there may be cases of partial or total unavailability of the goods. In these cases, Emmeti Store S.r.l. will promptly inform the Customer by e-mail to the address indicated during registration.
5.3 If the user requests cancellation of the order by e-mail, by resolving the contract, Emmeti Store S.r.l. will refund the amount paid within the indicative term of the first working Friday starting from the moment in which Emmeti Store S.r.l., has had knowledge of the Customer's intention to terminate the contract.
Art. 6 Responsibility
6.1 Emmeti Store S.rl., assumes no responsibility for disservices attributable to force majeure and/or unforeseeable circumstances, even when dependent on malfunctions and disservices of the internet, if it is not possible to execute the order in times stipulated in the contract.
Art.7 Methods of payment, prices and reimbursement
7.1 The price of the product is that indicated on the site, except for obvious errors.
7.2 In the event of an error, Emmeti Store S.r.l. will notify the Customer as soon as possible, allowing him to decide whether to confirm the order by paying the difference in price or proceed with cancellation.
7.3 If the price indicated is higher than the actual price, Emmeti Store S.r.l. the obligation to reimburse the difference.
7.4 The prices indicated on the site are inclusive of VAT and do not include shipping costs (for which express reference is made to the section of shipping sites).
7.5 Prices may vary at any time. Price changes do not affect orders for which the order confirmation has already been sent,
7.6 Payment must be made by debit or credit card from the Visa and Mastercard circuits as long as they are enabled for online purchases and have a verification code), PaypalTM, advance bank transfer, cash on delivery (cash on delivery), Klarna, Amazon Payment or Satispay.
The amount due will be charged on the order confirmation date. The holder of the order paid by credit card must be the holder of the credit card used. EMMETI S.r.l. reserves the right to request that the Customer fax a copy of a valid identity document to verify ownership
7.7 Any reimbursement to the Customer following withdrawal or cancellation will be credited in the same manner used for payment with the exception of payments originally made by cash on delivery or Satispay, for which Emmeti Store S.r.l. will expressly request the customer for a IBAN code on which to credit the amount due.
7.8 In case of exercise of the right of withdrawal by the Customer Emmeti Store S.r.l., will credit the refund within the appropriate term from the day on which it became aware of the Customer's intention to withdraw: In case of Withdrawal Emmeti Store S.r.l., reserves the right to refund the price after deducting any shipping costs that it has incurred to proceed with the sending of the order.
7.9 If the withdrawal occurs after the goods have been received by the Customer, the cost for returning the goods/goods to Emmeti Store S.r.l. will also be fully borne by the Customer. In this case, Emmeti Store S.r.l. will send a return form, giving the customer the option of choosing whether to proceed with the return independently (taking charge of suitable packaging and shipping to Emmeti Store S.r.l.) or whether to make a request to Emmeti Store S.r.l. , to receive - against the payment of 15.00 euros - a special waybill, useful for carrying out the return shipment. In this second case, Emmeti Store S.r.l. will also be responsible for booking the passage of the courier for the collection of the goods to be returned. Once the returned product has been received, Emmeti will refund the price minus any additional shipping costs for sending the goods to the customer within 9 days of receiving the goods at its headquarters in order to be able to verify the integrity of the goods and the presence of all the components relating to the product/s sent.
7.10 Emmeti Store S.r.l. in any case will not be responsible for any damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to him, the Customer having only the right to a full refund of the price paid and any ancillary charges incurred.
Art. 8 Execution of the distance contract
8.1 Unless otherwise agreed between the Parties or except in the cases in which – with adequate notice – EMMETI Store S.r.l. inform the Customer of different timings regarding the delivery and execution of the concluded remote Contract, based on the availability of the Products and Services or on the basis of specific requests from the Customer which involve particular timing of execution, delivery and fulfillment of the accepted order proposal - and without prejudice to the cases provided for in the subsequent clause 8.6 which cannot be considered as an extension of the delivery times attributable to EMMETI Store S.r.l. – the distance contract concluded in accordance with these General Conditions will be processed within a maximum of thirty days starting from the day following the day in which EMMETI Store S.r.l. has transmitted its acceptance to the Customer pursuant to articles 3.5 and 3.6 of these General Conditions.
8.2 The delivery obligation is fulfilled by EMMETI Store S.r.l. by transferring the material availability or in any case control of the Products to the Consumer. If EMMETI Store S.r.l. does not fulfill the obligation to deliver the Products within the agreed term, the Consumer has the duty to invite you to make the delivery within an additional term appropriate to the circumstances. If the additional term thus granted expires without the Products having been delivered, the Consumer is entitled to terminate the distance Contract.
8.3 When the courier delivers, the Customer must check:
- That the package is intact, not damaged or wet and in any case compliant with the standard characteristics.
- That the number of packages (number of packages) indicated on the invoice corresponds to the number of packages actually delivered.
Any disputes must be immediately raised to the carrier, failing which, the product is considered delivered correctly. The invoice, contained in the special patch pocket it must be kept outside the package.
If the courier chosen for delivery is BRT, the Customer must necessarily affix on the delivery waybill a "specific reserve" in order to allow Emmeti Store S.r.l. to take recourse against the carrier in the event that the goods have deteriorated during transport. In the absence of this last reserve, Emmeti Store S.r.l. will not be able to proceed with recognizing any refund to the Customer.
If upon delivery of the Product there is evident damage to the packaging, the Customer must:
- express a reservation or the package is accepted but before signing the document the Customer must write "I accept with reservation", once the package has been opened and any damage has been found, it will be possible to immediately activate the guarantee procedure.
- reject the damaged goods if it is not possible to accept the package with reserve or if the damage is still visible without having to open the package.
- In the event of defective Products under warranty, the delivery costs for replacing the Product are borne by EMMETI.
8.4. The additional costs are charged to the Customer (compared to the price of the Product, which will in any case be highlighted on the Site as a total amount inclusive of taxes, to which must be added - based on the indications given on the Site, the costs charged to the Customer for shipping, delivery or other) due for shipping, delivery or postal or other costs if applicable (eg: additional costs for any insurance coverage requested by the Customer for the shipment of a particular Product).
Pursuant to art. 51, paragraph 3, the Customers are informed that there are no restrictions on delivery.
8.5 In case of non-execution of the order by EMMETI Store S.r.l. due to unavailability, too temporary, of the requested Product or Service, EMMETI Store S.r.l. will promptly inform the Consumer Customer by providing:
a) to fulfill by carrying out a different supply from the one agreed, of equivalent or superior value and quality, where the consumer Customer specifically accepts it in response to the communication with which EMMETI Store S.r.l. informed him of the unavailability of the requested Product or Service;
b) the reimbursement of any sums already paid for the payment of the supply, in the event the consumer Customer does not intend to accept a supply other than the one agreed, of equivalent or higher value and quality, subject in any case to clauses 8.6, 8.7 and 8.8 below.
8.6 If the Customer requests shipment and delivery to a country other than Italy - and where this option is available on the Site - upon arrival in the Customer's country, the purchased Product may be subject to the payment of customs duties (i.e., in by way of example, taxes, duties, fees, commissions, etc.), which will be charged to the Customer. EMMETI Store S.r.l. is not responsible for such customs taxation and is not required to check the respective amounts. The Customer therefore has the burden of checking in advance the amount of any such charges, which cannot be predetermined. For this reason, EMMETI Store S.r.l. suggests to the Consumer Customer to check - before submitting any purchase order proposal - any charges of this kind at the competent customs offices of the country of delivery of the Products in order to find detailed information on the matter.
8.7 If the Customer refuses the purchased Product upon arrival or refuses to pay the respective customs duties, all costs relating to unpaid customs duties (both those relating to delivery in the Customer's country and those that EMMETI Store S.r.l. is required in percentage terms to pay the customs agents for the return of the Product/s to Italy) will be charged to the Customer, making a deduction from the amount that will be returned as a refund, the latter being paid only upon redelivery to Emmeti Store S.r.l., of the refused goods.
8.8 Customs procedures could cause delays in the delivery of the Product. Should delays occur, the Customer is advised to carry out the appropriate checks at the competent customs offices. The invoice relating to customs duties may arrive weeks after the Customer has received the Product.
Article 9 Right of Withdrawal
9.1 If the Customer is a consumer (he is the natural person or group of people who uses goods, products or services purchased mainly for personal, social, family and similar needs, not directly related to business or commercial activities) he has the right to withdraw from the Contract of Sale, without any penalty and without specifying the reason, within the term of fourteen (14) days starting from the delivery of the purchased Product/s.
9.2 The Customer who intends to exercise the right of withdrawal must communicate it to Emmeti Store S.r.l., through an explicit declaration that can be sent alternatively or by e-mail - or by registered mail or by PEC to the following addresses:
email@example.com / firstname.lastname@example.org / email@example.com
9.3 The withdrawal may concern all the goods purchased or only part of the goods themselves, except in the case of made-to-measure or personalized products.
9.4 In the case of Products ordered by the Customer through a single Purchase Order and delivered separately and/or in the case of delivery of a Product consisting of several lots or pieces, the term of fourteen (14) days to withdraw from the Contract of Sale will start from the day on which the Customer acquires physical possession of the last Product and/or the last lot or piece. In case of shipment, the date of delivery to the post office or to the courier will be considered between the Parties.
9.5 For the purpose of exercising the right of withdrawal, the Customer may return the Product, purchased on the Site, in one of the following ways in the same way as in point 7.9, provided that within fourteen (14) days following the date of collection of the Product.
9.6 The goods must be returned intact in the original package/packaging complete with all its parts and complete with the attached tax documentation. Without prejudice to the right of Emmeti Store S.r.l. to verify compliance with the above, the site will refund in accordance with the provisions of art. 7.7-7.8-7.9. The integrity of the Product to be returned following the exercise of the right of withdrawal is an essential condition for the exercise of the right itself.
9.7 The right of withdrawal cannot be applied to products marketed by Emmeti Store S.r.l. including the categories of art. 59 of Legislative Decree 206/2005
9.8 The Consumer Customer will not be able to exercise the right of withdrawal in cases of a Distance Contract concerning Products that are clearly personalized or requested with particular specifications by the Consumer
Art. 10 Communications and Public Relations Service
10.1 For any communication/information/or request relating to the product/s purchased, the Customer must contact Emmeti Store S.r.l., in the following ways. With the exception of the products of the following manufacturers for which any complaint regarding the functioning of the product/s must be sent directly to the parent company.
Art. 11 Data processing
11.1 The Customer's data are processed in compliance with the provisions of the legislation on the protection of personal data, as specified in the appropriate section containing the information pursuant to art. 13 of EU Reg. 2016/679.
Art. 12 Safeguard clause
In the event that one of the clauses of these conditions of sale is void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these Conditions of Sale.
Art. 13 Information to the Customer
13.1 Where the distance contract is stipulated between Emmeti Store S.r.l. and a consumer customer, pursuant to art. 49 of the Consumer Code, the following mandatory information is provided below:
13.2 The identity and registered office and contact details of Emmeti Store S.r.l. as supplier of the Products and Services offered for sale on the Site are the following:
Emmeti Store S.r.l.
Registered office: via Torino 168 Collegno (TO), 10093 Tax Code: 05379260010
VAT number: 05379260010
Phone +39 011/4037738
The registered office, in addition to the contact details shown, is assumed - also pursuant to art. 49, paragraph 1, letter (d) of the Consumer Code - as the address to which the consumer customer can send complaints.
13.3 The essential characteristics of the products and services are shown in specific technical data sheets published on the Site - accompanied by photographic images - which the Customer can view before submitting the purchase offer.
EMMETI Store S.r.l. reserves the right to modify/adapt the technical and dimensional information of the Products in the catalogue, even without any notice. The following information is also reported within these forms or the related web pages of publication in the purchase process:
a) The availability and price, inclusive of all taxes and duties weighing on the Customer;
b) the additional expenses and costs for delivery, depending on the shipping and delivery methods offered on the Site and selected by the Customer, and any other additional cost elements depending on the case, which weigh on the Customer (specify and inform the Consumer pursuant to article 57 of the Consumer Code who is responsible for the costs of returning the Products in the event of exercising the right of withdrawal pursuant to clause 8);
c) the methods of payment, delivery of the goods or provision of the service;
d) the duration of the validity of the various offers and prices (even in the case of promotional or special sales and/or discounts applied);
e) the methods of payment, delivery and execution, the date by which EMMETI Store S.r.l. undertakes to deliver the Products or provide the Services and, where appropriate, the professional's handling of complaints.
13.4 With reference to the right of withdrawal, see clauses 8, 9, 10 and 11.
13.5 In addition to the mandatory information listed above, the other information required by both the Consumer Code and Legislative Decree 70/2003 is also provided below in favor of both consumer customers (in this case to supplement those just provided above) and of non-consumer customers (legal entities and professionals):
a) with reference to the details that allow you to quickly contact EMMETI Store S.r.l. and to communicate directly and effectively, including telephone number, fax number and e-mail address, are as follows:
Phone +39 011/4037738
13.6 The online publication of these General Conditions of Sale and of article 3 just above are valid as a presentation of the information on a durable medium provided to the Consumer Customer pursuant to art. 51 of the Consumer Code.
Art. 14 Warranty on products in favor of the Consumer
14.1 Only in the cases in which the distance contract has been concluded with a consumer customer, and in the cases in which the purchased product does not comply with the provisions of the distance contract and on the basis of what is specified in art. 129 of the Consumer Code, the consumer customer will be able to benefit from the following warranty rights.
14.2 Pursuant to art. 49, paragraph 1, letter (n) of the Consumer Code, the following memorandum on the legal guarantee of conformity of the goods is submitted to the consumer Customer.
14.3 In the event of a lack of conformity of the Product, the consumer Customer will have the right to restore, without charge, the conformity of the goods by means of repair or replacement or to an adequate reduction in the price or termination of the contract.
The consumer customer can ask, at his choice, to EMMETI Store S.r.l. to repair the goods or replace them, free of charge in both cases (the costs refer to the costs necessary to bring the goods into conformity, in particular with reference to the costs incurred for shipping, labor and materials ), unless the requested remedy is objectively impossible or excessively onerous compared to the other. One of the two remedies is to be considered excessively burdensome if it imposes on EMMETI Store S.r.l. unreasonable expenses in comparison with the other, taking into account:
a) the value that the goods would have if there were no lack of conformity; b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
14.4 The Consumer Customer may request, at his choice, an appropriate reduction in the price or termination of the contract where one of the following situations occurs:
a) repair and replacement are impossible or excessively expensive;
b) EMMETI Store S.r.l., has not repaired or replaced the goods within a reasonable time taking into account the nature of the goods and the purpose for which the consumer purchased the goods;
c) the replacement or repair previously carried out has caused considerable inconvenience to the Consumer.
In determining the amount of the reduction or the sum to be returned, the use of the Product will be taken into account.
14.5 After reporting the lack of conformity, EMMETI Store S.r.l. may offer the consumer Customer any other remedy available, with the following effects:
a) if the Consumer Customer has already requested a specific remedy, EMMETI Store S.r.l. will proceed to implement it, subject to acceptance by the consumer customer of the alternative remedy proposed by EMMETI Store S.r.l.;
b) if the Consumer Customer has not already requested a specific remedy, he must accept the proposal or reject it by choosing another remedy in accordance with the provisions of this clause 13.
14.6 A minor lack of conformity for which it was not possible or excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract.
14.7 The consumer Customer forfeits the rights provided for in this clause if he does not report the lack of conformity of the Products to EMMETI Store S.r.l. within the term of two months from the date on which he discovered the defect.
Art. 15 Applicable Law and Jurisdiction
15.1 These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
15.2. Any disputes relating to/consequent to the same must be resolved exclusively by the Italian jurisdictional authority.
15.3. For civil disputes arising from the distance contract, the territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer, if located in the territory of the State. Any other dispute that may arise in relation to the online sales contract and/or as a result of these conditions will be submitted to the exclusive jurisdiction of the Court of Turin.