Terms and conditions
Terms and conditions
General conditions of sale
Art. 1 General provisions
1.1 The user by browsing this area accesses to Emmestore.it/.fr/.com, navigation and the transmission of a purchase order on the site involve acceptance of the conditions and data protection policies adopted by the site and there indicated
1.2 These General Conditions of Sale apply to the sale of distance products with exclusive reference to purchases made on the Emmetistore.it/.com website in accordance with the provisions of Part III, Title III, Chapter I of Legislative Decree 206/ 2005 modified by Legislative Decree 21/14 and Legislative Decree 70/2003 of transposition of the EU directive on the services of the information society (so-called "e-commerce directive") by Emmeti Store S.r.l., based in via Turin 168, 10093 Collegno (TO) P.IVA 05379260010.
1.3 The user is held, before accessing the products provided 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 whose terms Emmeti Store S.r.l. reserves the right to change unilaterally without any notice.
Art. 2 Definitions
The term "general conditions" means this document.
The term "customer" means the subject, be it 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 unrelated to the entrepreneurial, commercial, artisan or professional activity possibly carried out with the term "products" are meant all the products marketed by Emmeti Store S.r.l., on the site. With the term "store" means the shop in teacher Emmeti Store S.r.l.
The term "site" means the official website of Emmeti Store S.r.l https://www.emmetistore.it/ with the term "purchase order" means the customer order, generated by the system at the end of the procedure 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 them, containing the confirmation of 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 perfected between the Customer and Emmeti Store with the sending of the purchase order and with the payment of the product (s) and/or of the service/ I purchased.
The term "purchase order" means the customer 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 the acceptance of these General Conditions and the conditions of the Services purchased if applicable.
The term "order confirmation" means the first written communication transmitted by Emmeti Store to the Customer, to the e -mail address indicated by them, which has no value of express acceptance but only of receipt of the order.
The term "evasion of the order" means the improvement of the purchase phase with which Emmeti Store, received and accepted the order, proceeds to start the practices to acquire their availability for delivery purposes.
The term "made" means returning a product purchased to the online store in Emmeti Store, within the deadline indicated and with the limits provided for the right of withdrawal, receiving the refund of the sum paid.
Art. 3 Conclusion of the contract
3.1 The Customer can purchase the products/or as illustrated in the information sheets on the pages of the Emmeti Store S.r.l. site, accessing the appropriate area (upon registration) and placing the order online. Emmeti Store S.r.l. It guarantees that, at the time of submitting the order, the consumer expressly recognizes that the purchase proposal - where accepted by Emmeti Store S.r.l. - involves the obligation to pay the established price and all the specific costs.
3.2 The Customer, by performing the purchase procedure indicated on the Site, can choose the products of his interest, check the overall value of the products he intends to buy, while as regards the shipping costs the same will be quantified at the time of the confirmation of order by Emmeti Store S.r.l. as indicated in point no. 3.6.
3.3 The purchase order must be exactly completed by the customer in all its parts and must contain the exact identification of the product/s), the customer and the place of delivery.
3.4 The purchase order is valid as a contractual proposal of the customer manifested online. By sending the order proposal, the Customer offers to buy a product or service. The sending of the order proposal does not bind EMMETI STORE S.R.L. - unless otherwise established on the site - nor the online offer of products or services can be understood as a proposal to the public pursuant to art. 1336 c.c. Following the order, once the purchase is completed and the payment will be ordered, an e-mail of order confirmation will automatically be sent by the system that will not have yet an 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.
Below, a second e-mail will perish in which the availability of the goods and the indicative delivery timing will be communicated or not, as required by art. 9, and the order will be considered accepted and the contract at a perfected distance, albeit within the limits of what is indicated in point 3.4 and 3.7.
3.6 The order confirmation will contain the summary of the order, in which the details of the order, the price of the product, the transport costs and the chosen service and any ancillary charges, the delivery address are reported.
3.7 Emmeti Store S.r.l., in any case reserves the right to refuse the purchase proposal sent, by way of example and not exhaustive in the following cases: previous non -fulfillment in any capacity, subject to bankruptcy procedures, lack of availability of the goods in the warehouses, orders clearly incorrect, orders with missing data, prices lower than that of the market.
Art. 4 Registration
4.1 In completing the registration procedure, the Customer undertakes to follow the indications on the site and to provide their correct and truthful personal data.
4.2 Once the registration has been made, the customer will receive a confirmation e-mail in the e-mail he indicated.
4.3 The Customer undertakes to promptly inform Emmeti Store S.r.l., of any variation of his data indicated in the registration.
4.4 If the Customer communicates inaccurate or incomplete data or even in the event that there is a dispute by EMMETI STORE S.R.L., about the payments made Emmeti Store S.r.l., will have the right not to activate or suspend the delivery up to the amnesty of the related shortcomings.
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 recognizes that these identifiers constitute the customer's access validation system to the on Inere services and the only system suitable for identifying the customer who with the documents carried out through this access will be attributed to him and will have binding effectiveness against 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 sell them to third parties.
Art. 5 Product availability
5.1 The availability of the products refers to effective availability to the moment the customer plays the order. This availability is purely indicative; For 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 Also following the sending of the order confirmation, cases of unavailability of the partial or total goods may occur. In these cases Emmeti Store S.r.l. will promptly inform the customer by e-mail to the address indicated in the registration.
5.3 If the user requires the cancellation of the order by e-mail, terminating the contract, Emmeti Store S.r.l., will refund the amount paid within the indicative deadline of the first working Friday useful starting from the moment in which Emmeti Store S.r.l., He had knowledge of the client's intention to terminate the contract.
Art. 6 Responsibility
6.1 Emmeti Store S.rl., we assume no responsibility for disservices attributable due to force majeure and/or fortuitous chance, even if dependent on malfunctions and disservices of the Internet, if it is not possible to execute the order in the times foreseen by the contract.
Art.7 Payment methods, prices and refund
7.1 The price of the product is the one indicated on the site, except for clear error.
7.2 In case of Error Emmeti Store S.r.l. The Customer will notify the customer as soon as possible, allowing him to decide whether to confirm the order by paying the price difference or proceeding with the cancellation.
7.3 In the event of a price indicated higher than the actual price, it does not exist on the end of Emmeti Store S.r.l. the obligation to reimburse the difference
7.4 The prices indicated on the site include VAT and do not include shipping costs (for which you expressly refer to the shipping sites section).
7.5 Prices may change at any time. Price changes do not affect orders for which order confirmation has already been sent.
7.6 Payment must be made via debit or credit card of the Visa and Mastercard circuits provided that they are enabled for online purchases and equipped with a verification code), PayPaltm, advance bank transfer, delivery to delivery (cash on delivery), Klarna, Amazon Payment or Satispay. The charge of the amount due will take place on the order confirmation date. The holder of the order paid by credit card must be the owner of the credit card used. Emmeti S.r.l. It reserves the right to request the sending of a valid identity document to be sent by the customer to verify the ownership of the card, with the right to request photographic extract of the same that leaves the last 4 digits visible.
7.7 Any refund to the Customer following withdrawal, cancellation will be credited in the same methods used for the exception of payments originally made by cash on delivery in cash or Satispay, for which Emmeti Store S.r.l. will express request to the customer of a customer IBAN code on which to accredit the amount due.
7.8 In the event of the exercise of the right of withdrawal by the Customer Emmeti Store S.r.l., he will accredit the refund within the adequate term from the day on which he became aware of the client's intention to withdraw: in the event of withdrawal Emmeti Store S.r.l., the Right to reimburse the price deduced the possible costs of shipping that it has incurred to proceed with the sending of the order.
7.9 where the withdrawal intervened after the customer's reception of the goods, also the cost for the return of the good/goods to Emmeti Store S.r.l., will be fully borne by the customer. In this case, Emmeti Store S.r.l., will send a return form, subjecting the customer the possibility to choose whether to proceed independently of the return (taking charge of suitable packaging and shipping to Emmeti Store S.r.l.) or whether to request Emmeti Store S.r.l. , to receive - compared to the payment of € 25.00 - a special letter of car, useful for making the return of return. In this second case, he will compete with Emmeti Store S.r.l., also the booking of the courier's passage for the withdrawal of the goods to be made. Once the product rendered is received, Emmeti will refund the reduced price of any additional shipping costs for sending the goods to the customer within 9 days of receipt of the goods at its headquarters in order to be able to verify the integrity of the goods e The presence of all components relating to the product/s).
7.10 Emmeti Store S.r.l. In any case, it will not be responsible for any damages, losses and costs suffered by the customer following the failure to carry out the contract for reasons not attributable to him, having the customer only the right to the full return of the price paid and any supported ancillary charges.
7.11 Emmeti Store S.r.l. I will treat a penalty of Euro 10.00 to each order canceled
Art. 8 times of delivery
The delivery timing indicated on the site at the time of purchase will have a merely indicative value and it is not possible to make you total entrusting, as well as the timing indicated with the communication written by Emmeti Store to order carried out, and the methods and times of contact with the customer - prior to delivery or subsequent to the first delivery attempt- they will depend on the chosen courier in relation to the specific type of order to be delivered.
EMMETI STORE will not be responsible for any delay respect for the delivery times indicated.
Art. 9 Execution of the distance contract and order evasion
9.1 Unless otherwise agreed between the parties or save the cases in which - with adequate notice - the Emmeti Store S.r.l. Inform the customer of different timing regarding the delivery and execution of the distance contract, based on the availability of products and services or on the basis of specific customer requests that involve particular timing of execution, delivery and evasion of the accepted order proposal - and the cases provided for by the subsequent 9.6 clause that cannot be considered as lengthening of the delivery times attributable to Emmeti Store S.r.l. - The distance contract concluded pursuant to these General Conditions will be processed within a maximum of thirty days from the day following the one in which Emmeti Store S.r.l. has transmitted its customer acceptance pursuant to articles 3.5 and 3.6 of these General Conditions.
9.2 The delivery obligation is fulfilled by Emmeti Store S.r.l. through the transfer of material availability or in any case of the control of the products to the consumer. If Emmeti Store S.r.l. It does not fulfill the obligation to deliver the products within the agreed term, the consumer has the burden of inviting it to carry out the delivery within an additional term appropriate to the circumstances. If the additional term thus granted expires without the products having been delivered to him, the consumer is entitled to terminate the distance contract.
9.3 When the courier takes delivery, the customer must verify:
- that the package is intact, not damaged or wet and in any case complies with the standard characteristics.
- that the number of hills (number of packages) indicated on the invoice corresponds to the number of hills actually delivered.
Any disputes must be immediately raised to the carrier, in the absence of these, the product is considered correctly delivered. The invoice, contained in the appropriate pocket applied outside the package must be kept.
If the courier chosen for delivery is BRT, the customer on delivery must necessarily affix a "specific reserve" on the car letter in order to allow Emmeti Store S.r.l., to retaliate on the carrier in the event that the goods have deteriorated during the transport. In the absence of this last reserve Emmeti Store S.r.l., he will not be able to recognize the customer any refund.
If at the time of delivery of the product there is an evident damage to the packaging, the customer must:
- express a reserve or the package is accepted but before signing the document the customer will have to write "I accept with reserve right", it will be possible once the package will be opened and a possible damage has been found, 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 costs of return for the replacement of the product are borne by Emmeti.
9.4. Additional costs are paid by the customer (compared to the price of the product, which in any case will be highlighted on the site as a total and inclusive amount of taxes, to which to add - based on the indications on the site, the costs paid by the customer for shipping, Delivery or other) due for shipping, delivery or postal or other types costs if expected (e.g. additional costs for the possible insurance coverage required 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.
9.5 In case of non -execution of the order by the Emmeti Store S.r.l. due to the unavailability, even temporary, of the product or service requested, Emmeti Store S.r.l. will promptly inform the consumer customer by providing:
- To fulfill by performing a supply other than the agreed one, equivalent or higher value and quality, where the consumer customer accepted it specifically in response to the communication with which the Emmeti Store S.r.l. He informed him of the unavailability of the product or the requested service;
- To reimbursement of the sums that may already be paid for the payment of the supply, if the consumer customer does not intend to accept a supply other than the agreed one, of equivalent or higher value and quality, except in any case the 9.6, 9.7 and 9.8 clauses that follow.
9.6 where the customer requires shipping and delivery in a country other than Italy - and where this option is available on the site - upon arrival in the customer's country, the product purchased could be subject to the payment of customs charges (i.e., in example, taxes, duties, taxes, commissions, etc.), which will be borne by the customer himself. Emmeti Store S.r.l. He is not responsible for this customs tax and is not required to control their respective amounts. The customer therefore has the burden of checking the amount of these any charges in advance, not predeterminable. For this reason, the Emmeti Store S.r.l. It suggests to the consumer customer to verify - before submitting any purchase order proposal - any charges of this kind to the competent customs offices of the country of delivery of the products in order to find detailed information on the matter.
9.7 If the Customer refuses the product purchased at the time of his arrival or refused to pay their respective customs charges, all the costs relating to unpaid customs charges (both those relating to delivery in the customer's country, both those and the Emmeti Store S.r.l. is required percentagely to pay the customs agents for the return of the product/s in Italy) will be charged to the Customer, operating a deduction from the amount that will be returned as a refund, which will be paid only at the time of the return to Emmeti Store S.r.l., of the refused goods.
9.8 Customs procedures could cause delays in the delivery of the product. If delays are verified, the customer is advised to carry out the appropriate checks at the customs offices of competence. The invoice relating to customs charges may arrive weeks after receiving the product by the customer.
Art. 10 Right of withdrawal and rendered
10.1 If the customer is a consumer (he is the natural person or the group of people who use goods, products or services purchased mainly for personal, social, family and the like, not directly related to entrepreneurial or commercial activities) has the right to withdraw From the sales contract and exercise the right of return, without any penalty and without specifying the reason, within the term of fourteen (14) days starting from the delivery of the product/s purchased.
10.2 The Customer who intends to exercise the right of withdrawal and make the return must communicate it to the Emmeti Store S.r.l., through an explicit declaration that can be transmitted alternately or by e-mail-or by registered mail or by PEC to the following addresses: Orders@Emmetistore. it / administration@emmetistore.it / info@pec.emmetistore.it
10.3 The withdrawal and consequent right of return may have as its object all the goods purchased or only part of the assets themselves, except for the case of tailor -made or customized products and in any case those available on order.
10.4 In the case of products ordered by the Customer by means of a single purchase order and delivered separately and/or in the case of delivery of a product consisting of different lots or pieces, the term fourteen (14) days to withdraw from the sales contract will start from the day when the customer will acquire the physical possession of the last product and/or the last lot or piece. In the event of shipping, the delivery date to the post office or courier will be faithful between the parties.
10.5 For the purposes of exercising the right of withdrawal and return, the Customer can return the product, purchased on the Site, in one of the following ways in the same methods referred to in point 7.9, provided that in the fourteen (14) days following the date of collection of the product.
10.6 The goods must be returned intact in the original packaging/packaging complete with all its parts and complete with the attached tax documentation. Except for the right of Emmeti Store S.r.l., to verify compliance with the above will reimburse the site according to 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 and return is an essential condition for the exercise of the law itself.
10.7 The right to withdraw or exercise the right of return and request for reimbursement for the products marketed by Emmeti Store S.r.l. will not be able to apply included in the categories of art. 59 of Legislative Decree 206/2005.
10.8 The consumer customer cannot exercise the right of withdrawal in cases of distance contract concerning clearly customized or requested products with specific details by the consumer or in any case available on the ordination of the customer. In this regard, at the end of the example but not exhaustive, reference is made to the products listed below: doors of any kind, plaster or particular paintings, special customization, beta furniture, velux and the Nordic stoves.
Art. 11 Communications and service service with the public
11.1 For any communication/information/or request inherent in the product/s) the Customer must contact Emmeti Store S.r.l., in the following ways. With the exception for the products of the following manufacturers for which any grievance regarding the operation of the product (s) must be sent directly to the parent company.
Art. 12 data processing
12.1 The Customer data are processed in accordance 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 the EU Reg. 2016/679.
Art. 13 Safeguard clause
In the event that one of the clauses of these Conditions God was nothing for any reason, this will not compromise a case the validity and compliance with the other provisions appearing in these conditions of sale.
Art. 14 information to the customer
14.1 where the distance contract is stipulated between the Emmeti Store S.r.l. and a consumer customer, pursuant to art. 49 of the Consumer Code, the following compulsory information is provided below:
14.2 The identity and registered office and the contact details of Emmeti Store S.r.l. Which supplier of the products and services offered for sale on the Site are as follows:
Emmeti Store S.r.l.
Registered office: Via Torino 168 Collegno (TO), 10093
Tax code: 05379260010
VAT number: 05379260010
Tel. +39 011/4037738
E-mail: administration@emmetistore.it
PEC: info@pec.emmetistore.it
The registered office, in addition to the contact details, is hired - also pursuant to art. 49, paragraph 1, letter (d) of the consumer code - as the address where the Consumer Customer can send the complaints.
14.3 The essential characteristics of the products and services are shown within special technical data sheets published on the site - accompanied by photographic images - that 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 of the catalog, even without any notice. Within these cards or the related publication web pages in the purchase process, the following information is also reported:
- a) the availability and price, including all the taxes and taxes that weigh on the customer;
- b) additional costs and costs for delivery, depending on the methods of shipping and delivery offers on the site and chosen by the customer, and any other additional cost elements according to the cases, which weigh on the customer (specifies and informs the Consumer pursuant to art. 57 of the Consumer Code that are the costs of returning the products in the event of exercising the right of withdrawal pursuant to clause 9);
- c) the methods of payment, of the delivery of the asset or the provision of the service;
- d) the duration of the validity of the various offers and prices (also in the case of promotional, special and/or discounts applied);
- e) the methods of payment, delivery and execution, the date by which Emmeti Store S.r.l. He undertakes to deliver the products or to provide services and, if necessary, the professional's treatment of complaints.
14.4 With reference to the right of withdrawal, see the clauses 9, 10, 11 and 12.
14.5 In addition to the compulsory information above, the other information requested by both the Consumer Code and Legislative Decree 70/2003 in favor of consumer customers (to integrate in this case of those just provided above) and of non -consumers (legal and professional persons):
- a) with reference to the extremes that allow you to quickly contact the Emmeti Store S.r.l. and to communicate directly and effectively, including the telephone number, the fax number and the e -mail address, are as follows:
Tel. +39 011/4037738
E-mail: administration@emmetistore.it PEC: info@pec.emmetistore.it
14.6 The online publication of these General Conditions of Sale and of article 3 just above are worth the presentation of the information on the durable support provided to the Consumer Customer pursuant to art. 51 of the Consumer Code.
Art. 15 Guarantee on products in favor of the consumer
15.1 exclusively in the cases in which the distance contract has been concluded with a consumer customer, and in the hypotheses in which the purchased product proves to be not compliant 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 may benefit from the following guarantee rights.
15.2 pursuant to art. 49, paragraph 1, letter (N) of the Consumer Code, the following reminder of the legal guarantee of conformity of the goods is submitted to the consumer customer.
15.3 In the event of product compliance defect, the consumer customer will be entitled to restore, without expenses, the compliance of the property by repairing or replacement or to an adequate reduction in the price or the termination of the contract.
The consumer customer can ask, in his choice, to the Emmeti Store S.r.l. to repair the asset or to replace it, without expenses in both cases (the expenses refer to the indispensable costs to comply with the goods, in particular with reference to the costs made for shipping, for the opera and for the materials ), unless the requested remedy is objectively impossible or excessively expensive from the other. One of the two remedies is to be considered excessively onerous if it imposes on Emmeti Store S.r.l. unreasonable expenses in comparison to the other, taking into account:
- a) of the value that the good would have if there was no lack of conformity;
- b) the extent of the lack of conformity;
- c) of the event that the alternative remedy can be experienced without considerable inconveniences for the consumer.
15.4 The Consumer Customer may request, by his choice, a congruous reduction of the price or the termination of the contract where one of the following situations appeals:
- a) repair and replacement are impossible or excessively onerous;
- b) Emmeti Store S.r.l., did not repair or replace the asset within a adequate term taking into account the nature of the good and the purpose for which the consumer purchased the good;
- c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer.
In determining the amount of reduction or the sum to be returned, the use of the product will be taken into account.
15.5 After the complaint of the lack of conformity, the Emmeti Store S.r.l., will be able to offer the consumer customer any other available remedy, with the following effects:
- a) if the consumer customer has already requested a specific remedy, the Emmeti Store S.r.l. will proceed to implement it, except for acceptance by the consumer customer of the alternative remedy proposed by La 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 pursuant to the provisions of this clause 13.
15.6 A lack of mild compliance for which it was not possible or it is excessively onerous to carry out the remedies of the repair or replacement, it does not give the right to terminate the contract.
15.7 The Consumer Customer lapses from the rights provided for in this clause where you do not report to Emmeti Store S.r.l., the defect of conformity of the products within two months from the date on which he discovered the defect.
Art. 16 Applicable law and competent Forum
16.1 these General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any prevalent imperative rule of the country of the customs of the customer. Consequently, the interpretation, execution and resolution of the general conditions of sale are subject exclusively to Italian law.
16.2. Any disputes relating to them must be resolved exclusively by the Italian jurisdictional authority.
16.3. For civil disputes deriving from the distance contract, the territorial competence is of the judge of the place of residence or home of the consumer, if located in the territory of the State. Any other controversy that may arise relating to the online sales contract and/or consequently to these conditions will be subject to the exclusive competence of the Turin Court.