GENERAL CONDITIONS OF SALE
Art. 1 General Provisions
1.1 By browsing this area, the User accesses emmestore.it/.fr/.com. Browsing and placing a purchase order on the site entails acceptance of the Conditions and Data Protection Policies adopted by the site and indicated therein.
1.2 These General Conditions of Sale apply to the sale of products at a distance with exclusive reference to purchases made on the website emmetistore.it/.fr/.com in accordance with the provisions of Part III, Title III, Chapter I of Legislative Decree 206/2005 amended by Legislative Decree 21/14 and Legislative Decree 70/2003 implementing the EU Directive on Information Society Services (so-called “E-Commerce Directive”) by Emmeti Store Srl, with registered office in Via Torino 168, 10093 Collegno (TO) VAT number 05379260010.
1.3 Before accessing the products provided by the site, the User is required 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 Srl reserves the right to modify unilaterally without notice.
Art. 2 Definitions
The term “General Conditions” refers to this document.
The term "Customer" refers to the individual, whether a consumer or professional, a 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 other than any entrepreneurial, commercial, artisanal or professional activity possibly carried out. The term "Products" means all products marketed by Emmeti Store Srl on the Site. The term "Point of Sale" means the shop under the Emmeti Store Srl brand.
The term "Site" means the official website of Emmeti Store Srl https://www.emmetistore.it/. The term "Purchase Order" means the Customer's order, generated by the system at the end of the purchase process, which contains the details of the Products and Services purchased, as well as 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 Srl to the Customer, at the email address indicated by the Customer, confirming the conclusion of the Sales Contract with the sending of 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 the payment for the Product(s) and/or Service(s) purchased.
The term “Purchase Order” means the Customer's order, generated by the system at the end of the purchase procedure, which contains the details of the Products and Services purchased, as well as acceptance of these General Conditions and the Conditions of the purchased Services, if applicable.
The term "Order Confirmation" means the first written communication sent by Emmeti Store to the Customer, to the email address indicated by the latter, which does not yet have the value of express acceptance but only of receipt of the order.
The term "Order Processing" refers to the completion of the purchase phase by which Emmeti Store, having received and accepted the order, proceeds to initiate the procedures to acquire its availability for delivery purposes.
The term "Return" means returning a product purchased from the online store to Emmeti Store, within the indicated time frame and within the limits established for the right of withdrawal, receiving a refund of the amount paid.
Art. 3 Conclusion of the contract
3.1 The Customer may purchase the products as illustrated in the information sheets on the Emmeti Store Srl website by accessing the dedicated area (after registration) and placing the order online. Emmeti Store Srl guarantees that, upon placing the order, the Consumer expressly acknowledges that the purchase proposal—if accepted by Emmeti Store Srl—entails the obligation to pay the established price and all specified costs.
3.2 By completing the purchase procedure indicated on the website, the Customer will be able to choose the products of interest to him, verify the total value of the Products he intends to purchase, while shipping costs will be calculated upon sending the order confirmation by Emmeti Store Srl as indicated in point 3.6.
3.3 The Purchase Order must be completed accurately by the Customer in all its parts and must contain the exact identification of the product(s) ordered, the Customer and the place of delivery.
3.4 The Purchase Order constitutes a contractual proposal from the Customer made online. By submitting an order proposal, the Customer offers to purchase a Product or Service. Submitting an order proposal does not bind EMMETI Store Srl in any way—unless otherwise stated on the Site—nor can the online offer of Products or Services be construed as a public offer pursuant to art. 1336 of the Italian Civil Code. Following the order, once the purchase has been completed and payment has been made, the system will automatically send an order confirmation email, which does not yet constitute express acceptance.
3.5 Emmeti Store Srl accepts the order within the limits of the quantities available in stock; therefore, Emmeti Store Srl does not guarantee the certainty of assignment of the ordered Product.
You will then receive a second email confirming whether the goods are in stock or not and the estimated delivery times, as per Article 9. The order will be considered accepted and the Distance Contract concluded, subject to the limitations set forth in Sections 3.4 and 3.7.
3.6 The Order Confirmation will contain a summary of the order, which includes the order details, the price of the product, the shipping costs and the chosen service, any additional charges, and the delivery address.
3.7 Emmeti Store Srl reserves the right to refuse any purchase proposal submitted, including, but not limited to, the following: prior default of any kind, subjection to insolvency proceedings, unavailability of goods in warehouses, clearly incorrect orders, orders with missing data, or prices lower than market prices.
Art. 4 Registration
4.1 By completing the registration process, the Customer undertakes to follow the instructions on the site and to provide correct and truthful personal data.
4.2 Once registration has been completed, the Customer will receive a confirmation email to the email address indicated by him.
4.3 The Customer undertakes to promptly inform Emmeti Store Srl of any changes to the data provided during Registration.
4.4 If the Customer provides inaccurate or incomplete data, or if Emmeti Store Srl disputes payments made, Emmeti Store Srl will have the right to not activate or suspend the Delivery until the relevant deficiencies have been rectified.
4.5 When the Customer/User first requests to activate a profile, they will provide their username/email address and password. The Customer acknowledges that these identifiers constitute the system for validating the Customer's access to online services and the only system capable of identifying the Customer. Any actions performed through such access will be attributed to the Customer and will be binding on the Customer.
4.6 The Customer undertakes to maintain the confidentiality of his/her access data and to safeguard them with due care and diligence and not to disclose them to third parties.
Art. 5 Product availability
5.1 Product availability refers to actual availability at the time the Customer places the order. This availability is purely indicative; due to the simultaneous presence of multiple users on the site, products may be sold to other customers before the order is confirmed.
5.2 Even after the order confirmation has been sent, there may be cases of partial or total unavailability of the goods. In these cases, Emmeti Store Srl will promptly inform the Customer by email to the address provided during registration.
5.3 If the user requests cancellation of the order by email, thereby terminating the contract, Emmeti Store Srl will refund the amount paid within the indicative deadline of the first working Friday starting from the moment in which Emmeti Store Srl became aware of the Customer's intention to terminate the contract.
Art. 6 Responsibility
6.1 Emmeti Store S.rl. assumes no responsibility for disruptions attributable to force majeure and/or unforeseeable circumstances, including those resulting from internet malfunctions and disruptions, in the event that the order cannot be fulfilled within the timeframes set forth in the contract.
Art.7 Payment methods, prices and refunds
7.1 The price of the product is that indicated on the website, except in the case of obvious error.
7.2 In the event of an error, Emmeti Store Srl will notify the Customer as soon as possible, allowing them to decide whether to confirm the order by paying the price difference or cancel it.
7.3 In the event that the indicated price is higher than the actual price, Emmeti Store Srl is not obliged to refund the difference.
7.4 The prices indicated on the site include VAT and do not include shipping costs (for which please refer specifically to the shipping section of the sites).
7.5 Prices are subject to change at any time. Price changes do not affect orders for which an order confirmation has already been sent.
7.6 Payment must be made by Visa or Mastercard debit or credit card (provided they are enabled for online purchases and have a verification code), PayPal™, 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. Orders paid by credit card must be the same as the cardholder's name. EMMETI Srl reserves the right to request that the Customer fax a copy of a valid identity document to verify ownership of the card, and may request a photographic copy of the card with the last four digits visible.
7.7 Any refund to the Customer following withdrawal or cancellation will be credited using the same payment method used, with the exception of payments originally made by Cash on Delivery or Satispay, for which Emmeti Store Srl will specifically request an IBAN code from the customer to which the amount due will be credited.
7.8 In the event that the Customer exercises the right of withdrawal, Emmeti Store Srl will credit the refund within a reasonable time from the day on which it became aware of the Customer's intention to withdraw. In the event of withdrawal, Emmeti Store Srl reserves the right to refund the price minus any shipping costs incurred by it in shipping the order.
7.9 If the withdrawal occurs after the Customer has received the goods, the cost of returning the goods to Emmeti Store Srl will also be borne entirely by the Customer. In this case, Emmeti Store Srl will send a return form, offering the Customer the option of proceeding with the return themselves (with Emmeti Store Srl responsible for appropriate packaging and shipping) or requesting Emmeti Store Srl to provide a return shipping label for a fee of €25.00. In the latter case, Emmeti Store Srl will also be responsible for arranging the courier's pickup of the returned goods. Once the returned product has been received, Emmeti will refund the price minus any additional shipping costs for shipping the goods to the customer within 9 days of receiving the goods at its premises. This will allow Emmeti Store Srl to verify the integrity of the goods and the presence of all the components relating to the returned product(s).
7.9 bis For orders to the United States, all sales are considered “final sale”: therefore, returns or exchanges will not be accepted.
7.10 Emmeti Store Srl will not be liable in any case for any damages, losses and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to him, the Customer having only the right to a full refund of the price paid and any additional costs incurred.
7.11 Emmeti Store Srl will treat a penalty of €10.00 for each cancelled order
Art. 8 Delivery times
The delivery times indicated on the Site at the time of purchase are merely indicative and cannot be relied upon entirely. Likewise, the times indicated in the written communication from Emmeti Store after the order has been placed, and the methods and times of contact with the Customer - before delivery or after the first delivery attempt - will depend on the courier chosen in relation to the specific type of order to be delivered.
Emmeti Store will not be responsible for any delays compared to the indicated delivery times.
Currently, shipments to the United States are temporarily suspended due to changes in US regulations.
Art. 9 Execution of the distance contract and order fulfillment
9.1 Unless otherwise agreed between the Parties or except in cases where – with adequate notice – EMMETI Store Srl informs the Customer of different timeframes for the delivery and execution of the Distance Contract, based on the availability of the Products and Services or based on specific requests from the Customer that require particular timeframes for the execution, delivery and processing of the accepted order proposal – and without prejudice to the cases provided for in the following clause 9.6 which cannot be considered as an extension of the delivery times attributable to EMMETI Store Srl – the Distance Contract concluded pursuant to these General Conditions will be processed within a maximum of thirty days starting from the day following that on which EMMETI Store Srl has transmitted its acceptance to the Customer pursuant to articles 3.5 and 3.6 of these General Conditions.
9.2 The delivery obligation is fulfilled by EMMETI Store Srl by transferring physical possession or control of the Products to the Consumer. If EMMETI Store Srl fails to deliver the Products within the agreed timeframe, the Consumer is required to request delivery within an additional period appropriate to the circumstances. If the additional period thus granted expires without the Products being delivered, the Consumer is entitled to terminate the Distance Contract.
9.3 When the courier makes the delivery, 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 parcels) indicated on the invoice corresponds to the number of packages actually delivered.
Any complaints must be raised immediately with the carrier. Otherwise, the product is considered delivered correctly. The invoice, located in the appropriate pocket on the outside of the package, must be retained.
If the courier chosen for delivery is BRT, the Customer must write a "specific reservation" on the waybill upon delivery. This will allow Emmeti Store Srl to seek compensation from the carrier in the event the goods deteriorate during transport. In the absence of such a reservation, Emmeti Store Srl will not be able to provide the Customer with a refund.
If upon delivery of the Product there is evident damage to the packaging, the Customer must:
- express a reservation, meaning the package is accepted but before signing the document the Customer must write "I accept with right of reservation". Once the package has been opened and any damage has been found, it will be possible to immediately activate the warranty procedure.
- Reject damaged goods if it is not possible to accept the package with reservations or if the damage is visible without having to open the package.
- In the event of defective Products under warranty, the return costs for replacement of the Product shall be borne by EMMETI.
9.4. The Customer shall be responsible for any additional costs (in addition to the price of the Product, which will be shown on the Site as a total amount inclusive of taxes, to which must be added – based on the information provided on the Site – any costs borne by the Customer for shipping, delivery, or other) due to shipping, delivery, postal, or other costs if applicable (e.g., additional costs for any insurance coverage requested by the Customer for the shipment of a particular Product).
Pursuant to Article 51, paragraph 3, Customers are informed that there are no delivery restrictions.
9.5 In the event of failure to execute the order by EMMETI Store Srl due to the unavailability, even temporary, of the requested Product or Service, EMMETI Store Srl will promptly inform the consumer Customer by providing:
- to fulfill the order by making a supply other than that agreed upon, of equivalent or superior value and quality, where the consumer Customer specifically accepts this in response to the communication with which EMMETI Store Srl has informed him of the unavailability of the requested Product or Service;
- to the reimbursement of any sums already paid for the supply, in the event that the consumer Customer does not intend to accept a supply other than that agreed upon, of equivalent or superior value and quality, without prejudice to clauses 9.6, 9.7 and 9.8 below.
9.6 If the Customer requests shipping and delivery to a country other than Italy—and if this option is available on the Site—upon arrival in the Customer's country, the purchased Product may be subject to customs duties (e.g., taxes, duties, fees, etc.), which will be borne by the Customer. EMMETI Store Srl is not responsible for such customs duties and is not required to monitor the respective amounts. The Customer is therefore responsible for verifying the amount of such charges, which cannot be determined in advance. For this reason, EMMETI Store Srl recommends that the Consumer Customer check—before submitting any purchase order proposal—for any such charges with the competent customs offices in the country of delivery of the Products in order to obtain detailed information.
9.7 If the Customer refuses the purchased Product upon arrival or refuses to pay the relevant customs duties, all costs relating to unpaid customs duties (both those relating to delivery to the Customer's country and those that EMMETI Store Srl is required to pay to customs agents as a percentage for the return of the Product(s) to Italy) will be charged to the Customer, withholding them from the amount that will be returned as a refund, which will be paid only upon return of the refused goods to Emmeti Store Srl.
9.8 Customs procedures may cause delays in Product delivery. If delays occur, the Customer is advised to check with the relevant customs offices. The invoice for customs charges may arrive weeks after the Customer receives the Product.
Art. 10 Right of Withdrawal and Return
10.1 If the Customer is a consumer (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 entrepreneurial or commercial activities) he/she has the right to withdraw from the Sales Contract and exercise the right of return, without any penalty and without specifying the reason, within fourteen (14) days from the delivery of the Product(s) purchased.
10.2 The Customer who intends to exercise the right of withdrawal and make a return must communicate this to Emmeti Store Srl, via an explicit declaration that can be sent alternatively by e-mail - or by registered mail or by certified email to the following addresses: orders@emmetistore.it / amministrazione@emmetistore.it / info@pec.emmetistore.it
10.3 The withdrawal and consequent right of return may concern all the goods purchased or only part of the goods themselves, except in the case of products made to measure or personalized and in any case those available to order.
10.4 In the case of Products ordered by the Customer via a single Purchase Order and delivered separately and/or in the case of delivery of a Product consisting of multiple lots or pieces, the fourteen (14) day period for withdrawing from the Sales Contract will start from the day on which the Customer acquires physical possession of the last Product and/or the last lot or piece. In the case of shipment, the date of delivery to the post office or courier will be the date of validity between the Parties.
10.5 For the purposes of exercising the right of withdrawal and return, the Customer may return the Product, purchased on the Site, in one of the following ways in the same ways as in point 7.9, provided that this is done within fourteen (14) days following the date of collection of the Product.
10.6 The goods must be returned intact in their original packaging, complete with all their parts and the accompanying tax documentation. Without prejudice to Emmeti Store Srl's right to verify compliance with the above, the site will process the refund in accordance with Articles 7.7-7.8-7.9. The integrity of the Product to be returned following the exercise of the right of withdrawal and return is an essential condition for exercising this right.
10.7 The right of withdrawal, return, or refund request cannot be exercised for products marketed by Emmeti Store Srl included in the categories set out in Article 59 of Legislative Decree 206/2005.
10.8 The Consumer Customer may not exercise the right of withdrawal in the case of a Distance Contract relating to Products that are clearly customized or requested with particular specifications by the Consumer or in any case available to order by the Customer. In this regard, by way of example but not limited to, reference is made to the Products listed below: doors of any type, special plasters or paints, special customizations, furniture. Beta, Velux and Le Nordica stoves.
Art. 11 Communications and Public Relations Service
11.1 For any communication/information/request regarding the purchased product(s), the Customer must contact Emmeti Store Srl using the following methods. Except for products from the following manufacturers, for which any complaints regarding the functioning of the product(s) must be addressed directly to the manufacturer.
Art. 12 Data processing
12.1 Customer data is processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to art. 13 of EU Regulation 2016/679.
Art. 13 Safeguard Clause
In the event that one of the clauses of these conditions of sale is void for any reason whatsoever, this shall in no way compromise the validity and compliance with the other provisions contained in these Conditions of Sale.
Art. 14 Customer Information
14.1 Where the distance contract is stipulated between Emmeti Store Srl and a consumer Customer, pursuant to art. 49 of the Consumer Code, the following mandatory information is provided below:
14.2 The identity, registered office, and contact details of Emmeti Store Srl as supplier of the Products and Services offered for sale on the Site are as follows:
Emmeti Store Srl
Registered office: Piazza San Carlo 206, Turin (TO) - 10121
Tax Code: 05379260010
VAT number: 05379260010
Tel. +39 011/4037738
Email: amministrazione@emmetistore.it
PEC: info@pec.emmetistore.it
The registered office, in addition to the contact details provided, 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.
14.3 The essential characteristics of the products and services are reported in specific technical data sheets published on the Site – accompanied by photographs – which the Customer can view before submitting the purchase offer.
EMMETI Store Srl reserves the right to modify/adjust the technical and dimensional information of the products in the catalog, even without prior notice. The following information is also included in these data sheets or on the related web pages during the purchasing process:
- a) Availability and price, including all taxes and duties payable by the Customer;
- b) additional expenses and delivery costs, depending on the shipping and delivery methods offered on the Site and chosen by the Customer, and any other additional costs, as applicable, which are borne by the Customer (the Consumer is hereby informed and informed pursuant to art. 57 of the Consumer Code that he or she will be responsible for the costs of returning the Products in the event of exercising the right of withdrawal pursuant to clause 9);
- c) the methods of payment, delivery of the goods or provision of the service;
- d) the duration of validity of the various offers and prices (even in the case of promotional, special sales and/or discounts applied);
- e) the payment, delivery and execution methods, the date by which EMMETI Store Srl undertakes to deliver the Products or provide the Services and, if applicable, the handling of complaints by the professional.
14.4 With reference to the right of withdrawal, see clauses 9, 10, 11 and 12.
14.5 In addition to the mandatory information above, the following information is also provided as required by both the Consumer Code and Legislative Decree 70/2003 for both consumer customers (in addition to the information provided above) and non-consumer customers (legal entities and professionals):
- a) with reference to the details that allow you to quickly contact EMMETI Store Srl and communicate directly and effectively, including the telephone number, fax number and email address, are as follows:
Tel. +39 011/4037738
Email: amministrazione@emmetistore.it PEC: info@pec.emmetistore.it
14.6 The online publication of these General Conditions of Sale and of Article 3 above constitutes the presentation of the information on a durable medium provided to the Consumer Customer pursuant to Article 51 of the Consumer Code.
Art. 15 Product guarantee for the consumer
15.1 Exclusively in cases where the Distance Contract has been concluded with a Consumer Customer, and in cases where the purchased Product proves not to be compliant with the provisions of the Distance Contract and in accordance with the provisions of Article 129 of the Consumer Code, the Consumer Customer may benefit from the following warranty rights.
15.2 Pursuant to art. 49, paragraph 1, letter (n) of the Consumer Code, the following reminder on the legal guarantee of conformity of the goods is submitted to the consumer Customer.
15.3 In the event of a lack of conformity of the Product, the consumer Customer will have the right to have the conformity of the goods restored, free of charge, through repair or replacement or to an appropriate reduction in price or to the termination of the contract.
The consumer customer may, at his or her discretion, request that EMMETI Store Srl repair or replace the goods, free of charge in either case (the costs refer to the costs necessary to bring the goods into conformity, particularly shipping, labor, and materials), unless the requested remedy is objectively impossible or excessively burdensome compared to the other. One of the two remedies is considered excessively burdensome if it imposes unreasonable costs on EMMETI Store Srl compared to the other, taking into account:
- a) the value that the good would have if there were no lack of conformity;
- b) the extent of the lack of conformity;
- c) whether the alternative remedy can be achieved without significant inconvenience to the consumer.
15.4 The consumer Customer may request, at his discretion, an appropriate price reduction or termination of the contract if one of the following situations occurs:
- a) repair and replacement are impossible or excessively expensive;
- b) EMMETI Store Srl did not repair or replace the goods within a reasonable time frame, 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 significant inconvenience to the Consumer.
In determining the amount of the reduction or the sum to be refunded, the use of the Product will be taken into account.
15.5 After reporting the lack of conformity, EMMETI Store Srl may offer the consumer customer any other available remedy, with the following effects:
- a) if the consumer Customer has already requested a specific remedy, EMMETI Store Srl will proceed to implement it, unless the consumer Customer accepts the alternative remedy proposed by EMMETI Store Srl;
- 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.
15.6 A minor lack of conformity for which it has not been possible or is excessively onerous to pursue the remedies of repair or replacement does not give the right to terminate the contract.
15.7 The consumer Customer will lose the rights provided for in this clause if he does not report the lack of conformity of the Products to EMMETI Store Srl within two months of the date on which he discovered the defect.
Art. 16 Applicable law and competent court
16.1 These General Conditions of Sale are governed by and interpreted in accordance with Italian law, without prejudice to any mandatory prevailing law of the Customer's country of habitual residence. Consequently, the interpretation, execution, and termination of the General Conditions of Sale are subject exclusively to Italian law.
16.2. Any disputes arising from or related to the same shall be resolved exclusively by the Italian Judicial Authority.
16.3. For civil disputes arising from the Distance Contract, the territorial jurisdiction lies with the court of the consumer's place of residence or domicile, if located within the territory of the Italian State. Any other dispute arising in connection with the Online Sales Contract and/or as a result of these conditions will be subject to the exclusive jurisdiction of the Court of Turin.
