General conditions of sale

This document governs the relationship between Users and the Supplier, as further identified below, in relation to commercial transactions carried out on the emmebiitalia.com website (User/Buyer and "Site"). If the User does not accept these conditions, he or she is not authorized to use the services offered on the Site. The Site may be used by the User exclusively for personal, non-commercial or business purposes. By accessing it, the User therefore undertakes to make personal, non-commercial or business use of the Site, its content, and the information contained therein. By accessing the Site and accepting these general conditions (" General Conditions of Sale "), the User declares that he or she is of legal age, possesses the legal capacity to act, and is fully aware of the warnings and precautions for using the products sold by the Supplier through this Site. These General Conditions of Sale (hereinafter also "GTC") are intended, on the one hand, to inform any potential Buyer/User of the conditions and methods under which the Supplier/Seller sells and delivers the products ordered and, on the other hand, to define the rights and obligations of the Parties in relation to the sale of the products. We invite you to read these general conditions of sale carefully before using the e-commerce Services. By using the e-commerce Services, you fully accept these general conditions of sale.

SUPPLIER IDENTIFICATION

The goods covered by these general conditions are offered for sale by Emmebi Italia Srl, with registered office in Mornico al Serio, Via Baraccone, 1 – 24050 BG, email eshop@emmebiitalia.com, certified email emmebiitalia@propec.it, Telephone 378.3027317, Fax 035844083, registered with the Chamber of Commerce of BERGAMO under no. BG-253205 of the Company Register, tax code 01983910165, VAT number 01983910165 hereinafter referred to as the “Supplier/Seller”.

Art. 1 – Definitions

1.1. The term "online sales contract" or "contract" means the sales contract relating to the Supplier's tangible movable goods, stipulated between the Supplier and the Buyer within the framework of a remote selling system via electronic means, organised by the Supplier.

1.2. The term “Buyer/User” refers to the natural person who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.

1.3. The term "Supplier/Seller" refers to the entity identified above, or the entity that sells the goods through the website indicated in the following article.

Art. 2 – Subject of the contract – Product information

2.1. With this contract, the Supplier sells and the Buyer purchases remotely, via electronic means, the tangible movable goods presented and offered for sale on the website www.emmebiitalia.com (hereinafter, for brevity, Product/Products).

2.2. The products referred to in the previous point are illustrated, with specific and detailed information on their characteristics, in the section of the web portal accessible at the address: www.emmebiitalia.com/e-boutique.

2.3. The product images shown on the website are indicative and non-binding. The customer is responsible for choosing the products ordered and for ensuring that the specifications indicated meet their needs.

2.4. Any special offers are valid while stocks last and, in any case, are subject to the actual availability of the relevant products. Special offers cannot be combined.

Art. 3 – Contract stipulation method – purchase order

3.1. The contract between the Supplier and the Buyer is concluded exclusively via the Internet in remote telematic mode, through the Buyer's access to the web address www.emmebiitalia.com, where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in Article 2. The Buyer is aware that in order to access the website www.emmebiitalia.com it is necessary to have an Internet connection, the costs of which are borne by the Buyer according to the terms established by its connectivity provider.

3.2. In order to make a purchase, the User may, at his or her discretion, choose to register on the Site by completing the appropriate registration form, logging in using the username and password provided during registration, or by logging in as a "Guest" by completing all the fields indicated therein with his or her identification data, email address, telephone number, and delivery address for the Products.

Art. 4 – Conclusion and effectiveness of the contract

4.1. The online sales contract is concluded following the Buyer's timely completion of the registration form—whose personal data is processed in accordance with the Privacy Policy, and acceptance of the "General Conditions of Sale"—and the submission of the purchase form completed by the system after adding the selected products to the electronic shopping cart. Before finalizing the order, the Buyer will be invited to check the contents of the cart, which includes a summary of the cart, including the customer and order details, the price of the selected goods, any shipping costs and any additional charges, the payment methods and terms, the delivery address, delivery times, and the terms for exercising the right of withdrawal, where applicable. The Supplier informs the User that placing the Order implies the obligation to pay the price indicated for the selected Products.

4.2. When the Supplier receives the order from the Buyer, he will send a confirmation email or display a web page confirming and summarizing the order itself.

4.3. The sales contract between the Supplier and the User is deemed to be finalized only upon receipt by the User of the order confirmation referred to in point 4.2.

In accordance with current legislation, a copy of these General Conditions will be sent to Users via a link in the Order Confirmation, allowing the User to save it on a computer and/or print it. The contract between the parties is not considered finalized until the User receives the Order Confirmation.

Art. 5 – Payment Methods

5.1. Payment by the Buyer may only be made via PayPal or by credit card (Visa, MasterCard, American Express).

5.2. On the Site, the User will have the option to authorize the storage of the payment card details entered and their reuse for subsequent purchases by following the instructions on the Site. The charge will be made only after (i) the payment card details used for payment have been verified and (ii) the company issuing the payment card used by the User has authorized the charge. Confidential payment card details (card number, cardholder name, expiration date, security code) are encrypted via SSL protocol and transmitted directly to the payment processor without passing through the Supplier's servers. All transactions take place outside the site; therefore, the Supplier never has access to or stores, even if the User chooses to store such data on the Site, the payment card details used to pay for the Products. If the User creates an account, they can manage their preferred payment methods through their reserved area. The charge will be made when the order is submitted.

5.3. The Supplier reserves the right to vary the payment methods available, provided that those published in the advertisement at the time the order is placed by the Buyer will be deemed usable.

5.4. Any refund to the Buyer, if due, will be credited using the same payment method chosen by the Buyer when placing the order.

5.5. In any case, all communications relating to payments are made using third-party encryption systems designed to protect the transactions carried out (e.g., PayPal payment system) and over which the supplier has neither visibility nor responsibility.

Art. 6 – Delivery times and methods

6.1. The Supplier will deliver the selected and ordered products, according to the methods indicated on the website at the time the goods are offered, as confirmed in the email referred to in point 4.2.
6.2. Shipping times may vary from 3 to 5 business days and, in any case, the order will be delivered within 30 (thirty) days of confirmation, as required by current legislation. If the Supplier is unable, for any reason, to ship within this timeframe, it will promptly notify the Buyer via email sent to the address provided by the Buyer during the purchase process.

6.3. Given that product collection is a specific obligation of the User, upon placing the Order with the selected courier, the Supplier will send a specific email informing the Buyer of the imminent delivery, including via a shipping link. The status of the order is always available by accessing the User's personal area.

6.4. The courier will make a first delivery attempt on the date indicated by the tracking number. If delivery fails, a second attempt will be made, unless address changes or corrections are necessary, for which the Buyer must take action.

6.5. After a second unsuccessful delivery attempt, the package will be held by the courier within the established timeframe indicated on the tracking page. The package will be held for a maximum of 10 working days at the GLS center closest to the User. For any problems and/or information, the User may contact the Seller's Customer Service.

6.6. Upon delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to that indicated in the transport document attached to the goods shipped; b) the packaging is intact and unaltered, including the sealing tapes, if present.

6.7. In the event that the delivered goods show any damage presumably caused by transport, the Buyer may refuse delivery and immediately notify the Supplier, who will make the necessary complaints to the forwarder, arranging for a new shipment once the disputed goods have been returned.

6.8. If the customer still decides to accept the goods for delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard their rights, they must notify the courier of the unsuitability of the packaging by writing "RESERVATION OF INSPECTION OF GOODS DUE TO..." (indicating the reason for the reservation in question) on the delivery document, of which they must retain a copy.

Art. 7 – Prices

7.1. All product prices are listed at www.emmebiitalia.com/e-boutique or on another page within the website. They are expressed in Euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

7.2. The sales prices referred to in the previous paragraph include VAT and any other applicable taxes. Shipping costs and any additional charges, if any, while not included in the purchase price, are indicated and calculated during the purchase process before the Buyer submits the order and are included on the order summary web page, as well as in the summary email sent following the conclusion of the purchase process. In any case, the cost for each shipment is €6.00. For more information, please visit the website. www.emmebiitalia.com , FAQ section. There are no shipping costs for orders over €45.00.

7.3. Any promotional offers are specifically indicated and marked on the site with the words "promotional offer," "product on promotion," or equivalent names.

7.4. The User guarantees to the Supplier that he has the necessary authorizations to use the payment method chosen for his Order at the time of placing the Order.

7.5. Ownership of the ordered products will remain with the Supplier until the entire price of the Order, including shipping costs, taxes, and other mandatory fees (where applicable), has been paid in full by the Buyer. All orders, before being processed, are subject to verification of authenticity directly by the relevant credit card issuers, for the customer's protection. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically cancelled and the sale will be terminated pursuant to art. 1456 of the Italian Civil Code. The Customer will be informed via automatic email.

7.6. Communications relating to the payment and the data communicated by the Customer when this is made take place on specially protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.

Art. 8 – Product availability

8.1. The Supplier ensures the availability of its products through the electronic system used to process and fulfill orders promptly. To this end, it indicates in real time, in its electronic catalog, the available and unavailable products, as well as shipping times.

8.2. If an order exceeds the available quantity, the Supplier will notify the Buyer via email whether the item is no longer available for order or how long it will take to receive the selected item, asking whether the Buyer wishes to confirm the order or not.

8.3. The Supplier's IT system will confirm the order registration as soon as possible by sending the Buyer a summary email, pursuant to point 4.2.

Art. 9 – Withdrawal

9.1. Pursuant to art. 52 of Legislative Decree 206/2005, the so-called Consumer Code (“Consumer Code”), as amended by Legislative Decree 21/2014, Users may exercise the right of withdrawal from these General Conditions of Sale without specifying the reason. This right may be exercised within fourteen (14) days from the date of actual receipt of the purchased Products (or, in the case of an Order of multiple Products, from the actual receipt of the last purchased item), by means of an explicit declaration to be sent to the Supplier by certified email to the address indicated in the “Supplier identification” section or by registered letter with acknowledgement of receipt to the following address:

Via Baraccone n. 1 – 24050 – Mornico al Serio (Bergamo) ITALY

Notice of withdrawal may also be sent, within the same deadline, by fax or email to the addresses indicated in the "Provider Identification" section, provided it is confirmed by registered letter with acknowledgement of receipt or certified email within the following forty-eight hours. To meet the aforementioned deadline, the User simply needs to send the communication regarding the exercise of the right of withdrawal, using the methods indicated above, before the withdrawal period expires. The registered letter is considered sent in good time if delivered to the accepting post office within the same deadline. Acknowledgement of receipt is, however, not an essential condition for exercising the right of withdrawal. The withdrawal declaration is free-form.

9.2. The provisions regarding the exclusion of the right of withdrawal for certain categories of goods and services set forth in Article 59 of the Consumer Code remain unaffected. Specifically, the right of withdrawal is excluded for goods sold "made to measure." Pursuant to Article 59.1, letter e) of the Consumer Code, for reasons of hygiene or health protection, the right of withdrawal referred to in Article 9.1 above also cannot be exercised with respect to Supplier Products whose packaging has been opened after delivery.

9.3. Pursuant to Article 67, paragraph 3 of the Italian Consumer Code, return costs will be borne exclusively by the Buyer. Please note that packages sent at the recipient's expense will not be accepted.

9.4. In the event of exercising the right of withdrawal, the Supplier undertakes to refund the amount received from the User, including any delivery costs, within fourteen (14) days from the moment it is informed of the User's decision to withdraw from the contract. Such refunds will be made using the same payment method used by the User for the initial transaction, unless the User expressly indicates an alternative method in the explicit declaration referred to in the previous article 9.1. The Supplier reserves the right to suspend the refund of the amount paid by the User until the date of receipt of the goods by the User or until the User demonstrates having returned such goods to the Supplier, whichever is earlier.

9.5. It is understood between the parties that the goods must be returned by the User substantially intact, complete, evidently unused, in the same external packaging and without undue delay and in any case within fourteen (14) days from the date on which the withdrawal was communicated to the Supplier. The deadline is respected if the User returns the goods before the expiry of the fourteen (14) day period. The substantial integrity of the Products is an essential condition for exercising the right of withdrawal. We therefore invite you to take care of the Products while they are in your possession. Please return the item using or including in the package the original packaging, instructions and other documents, if any, that accompany the Products.

9.6. Returns of products will not be accepted beyond the legal deadline established for withdrawal and contractual cancellation.

Art. 10 – Supplier's Responsibility

10.1. The Supplier assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances.

10.2. The Supplier shall not be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet beyond its own control or that of its subcontractors.

10.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to perform the contract for reasons not attributable to it.

10.4 The Supplier shall not be liable in any way for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by events outside its reasonable control (“Force Majeure Event”).

10.5. The Supplier assumes no responsibility for any fraudulent or illicit use by third parties of credit cards, the data for which will not be retained after payment, checks, or other means of payment for purchased products, provided it demonstrates having taken all possible precautions based on the best knowledge and experience available at the time and in accordance with the ordinary diligence required.

Art. 11 – Supplier's obligations for defective products, proof of damage and compensable damages

11.1. The Supplier shall not be held liable for the consequences arising from a defective product if the defect is due to the product's conformity with a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

11.2. No compensation will be due if the injured party was aware of the product defect and the resulting danger, yet voluntarily exposed themselves to it. Likewise, the Supplier is not liable for defects resulting from misuse and/or incorrect use of the purchased goods, external causes (e.g., impacts, falls, etc.), carelessness, or improper use.

11.3. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.

Art. 12 – Guarantees and assistance methods

12.1. The Supplier is liable for any lack of conformity that becomes apparent within 2 (two) years of delivery of the goods.

12.2. The Buyer will lose all rights if he does not report the lack of conformity to the Supplier within 2 (two) months from the date on which the defect was discovered.

12.3. In any case, unless proven otherwise, it is presumed that any defects of conformity that become apparent within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity.

12.4. The request must be submitted in writing, via registered mail, to the Supplier, who will indicate its willingness to comply with the request—or the reasons preventing it from doing so—within 7 (seven) business days of receipt. In the same communication, if the Supplier has accepted the Buyer's request, it must indicate the shipping or return methods for the goods, as well as the expected deadline for returning or replacing the defective goods. In any case, no damages may be claimed from the Supplier for any delays in making replacements.

12.5. If, after carrying out appropriate checks on the goods, the complaint is found to be well-founded, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the replacement of the purchased goods, a reduction in the purchase price, or termination of this contract, unless the request is objectively impossible to satisfy or is excessively costly for the Supplier. Products showing clear signs of tampering or damage caused by improper use or external factors not attributable to manufacturing defects are not covered by the warranty.

12.6. If the defect is not due to a lack of conformity, the User will be charged for any inspection and repair costs incurred by the Supplier. If the Product is not found to be affected by a lack of conformity, the Supplier will inform the User of the costs necessary for its repair or replacement. The User will be charged for the costs of transporting Products that do not present defects of conformity.

Art. 13 – Buyer's Obligations

13.1. The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in this contract.

13.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract received via email as an attachment to the purchase order confirmation.

13.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer – who acknowledges this – before the purchase confirmation, through electronic procedures.

13.4. The User is strictly prohibited from entering false and/or invented, and/or fictitious information in the registration process required to initiate the execution of this contract and any related communications. Personal details and email address must be exclusively the User's own personal information and not those of third parties or fictitious data. It is expressly prohibited to register twice for the same person or enter third-party information. EmmebiItalia.com reserves the right to prosecute any violation or abuse in the interest and protection of all consumers.

Art. 14 – Service variations

14.1. The Supplier reserves the right to modify these General Conditions of Sale at any time by posting general notices to Users on the Site and/or by sending emails to the User, indicating the effective date of the changes. Such changes will always respect the minimum rights recognized to consumers under current legislation.

In any case, the General Conditions that regulate the relationship between the parties are those envisaged on the date of completion of the contract, indicated via a link in the Order Confirmation email.

Art. 15 – Suspensions of service

15.1. The Supplier reserves the right to temporarily suspend, without prior notice, the provision of the Product purchase and sale service for the time strictly necessary for the technical interventions necessary and/or appropriate to improve its quality (hereinafter, for brevity, the "Service").

15.2. The Provider may interrupt the provision of this Service at any time if there are justified security reasons or confidentiality violations, in which case it will notify the Users.

Art. 16 – Protection of the confidentiality and processing of the Buyer's data

16.1. Emmebi Italia, as Data Controller, guarantees that the processing of personal data will be carried out in accordance with Regulation (EU) 2016/679 and Legislative Decree 196/03 and subsequent amendments and additions. Full information pursuant to art. 13 of EU Regulation 679/16 is available on the website www.emmebiitalia.com.

Art. 17 – Communications and Complaints – ODR Platform

17.1. Written communications addressed to the Supplier and any complaints will be taken into consideration if sent to the email address eshop@emmebiitalia.com or via certified email emmebiitalia@propec.it .

17.2. Pursuant to art. 14 of European Regulation 524/2013, the Supplier informs the Buyer that in the event of a dispute, the Buyer may submit a complaint via the ODR platform. (Online Dispute Resolution ) made available by the European Commission and accessible at the following link: http://ec.europa.eu/consumers/odr/ . The Supplier, however, invites the Buyer to use the channel indicated in the previous point (by sending an email or contacting customer service) to directly resolve any type of dispute.

17.3. The Provider informs the User that, in the event that he has submitted a complaint directly to the Provider, following which it has not been possible to resolve the dispute thus arising, the Provider will provide information regarding the body or bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale, specifying whether or not you intend to avail yourself of such bodies to resolve the dispute itself.

17.4. In any case, the User reserves the right to bring any dispute arising from these General Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court dispute resolution procedure for consumer relations through recourse to the procedures established by the Consumer Code.

Art. 18 – Applicable law and competent court

18.1. This online sales contract is governed by Italian law. Any dispute concerning the interpretation and execution of this contract will be subject to the jurisdiction of the Court of the place where the Buyer, as a consumer, resides.

18.2. If any provision of this online sales contract is held to be invalid, void, or unenforceable for any reason, such provision will be deemed severable and will not affect the validity and enforceability of any other provisions.

18.3. These General Conditions of Sale, as well as any document expressly referred to therein, represent the entire agreement between the User and the Supplier regarding the subject matter of the contract and replace any previous agreement, understanding, or pact between the same parties, whether oral or written.