GENERAL CONTRACT CONDITIONS
These general conditions of sale apply to any order placed with the company Emily Srl on the website www.emilyhome.it – Owner: Emily srl with registered office in Viadana (MN) zip code 46019 – Via Carlo Pisacane, 113/A, tax payer’s and VAT code, 02418690208 Share Capital € 20,000.00 fully paid. Chamber of commerce registration of AR no. 02418690208 e-mail: [email protected] PEC: [email protected] . The confirmation of the order by the Customer implies the acceptance without reservation of any of these general conditions of sale.
www.emilyhome.it is an e-commerce site of the company Emily srl. The website is used for online sale of furniture accessories.
Acceptance of the general conditions of sale
article 1 – Orders and Payments
By placing an order in the various ways provided, and after making the payment, the customer declares to have read all the information provided during the purchase process and to accept in full the general conditions and payment hereinafter specified. Once the final online purchase procedure is completed and the payment made, the Customer will print or save an electronic copy and in any case it keep these general conditions of sale within reach. The Purchase Order is automatically cancelled if the Customer does not proceed with the payment according to the chosen method or if the payment is not processed.
The obligation to purchase arises for the Customer from the moment of the final confirmation of its order. The order, after receipt of payment, is irrevocable. The customer can purchase the products present on the catalogue www.emilyhome.it at the time of placing the order as well as described in the relevant information or represented on photographs (see also article 4). The correct receipt of the order is confirmed by a reply by e-mail, sent to the e-mail address provided by the customer. This confirmation message, in addition to containing all the information relating to the purchase made by the customer, will contain the date and time of execution of the order and a “Customer Order Number”, to be used in any further communication with Emily’s Customer Service and to be used in the reason for the bank transfer.
The message re-states all the data entered by the customer who will verify the correctness and inform about any corrections promptly, according to the procedures described in the present document. In case of non-acceptance of the order, Emily’s team will promptly inform the customer. The price set in the order cannot be changed.
The availability of the products on sale is limited to the availability of the products themselves and it is necessary for the validity of offers. In the event of stock depletion, Emily srl will cancel the customer’s purchase request by notifying the e-mail address provided by the customer at the time of order, and will reimburse the amounts paid by the customer within 45 days from the date on which the order was transmitted.
article 2 – Acceptance and execution of the order
The Customer asks Emily srl for the product and / or service by sending an order according to the procedures provided for this purpose within the same site www.emilyhome.it. Emily srl may decide not to enforce the Contract and not to accept the purchase proposal, thus not supplying of the product and / or service requested, in the presence of the circumstances set out below:
- if the Customer is in default against Emily srl;
- if the Client is registered in the National defaulters file or subject to enforcement procedures;
- if the customer does not provide for real personal data, it does not prove its identity or it does not make available other data necessary for the delivery of the product;
- in the event of unavailability of the goods – for whatever reason – in the warehouses;
- in any other case incompatible with the economic interests and corporate policies of the company.
In the absence of express acceptance, the customer’s proposal, pursuant to art. 1327 of the Italian Civil Code, is deemed accepted at the time of delivery of the product to the Shipping Agent, or with the provision of the service.
In case of non-acceptance of the order, Emily’s team ensures timely communication to the customer.
Emily srl reserves itself the right to accept orders from people with Tax Code and / or VAT of age.
article 3 – Transport and delivery
The delivery of the order will be entrusted to the best possible courier to national transport, and will have a fixed cost of EURO 10,00.
For delivery abroad, please send an email specifying the country of destination to know the delivery times and reserved rates.
The customer is required to carefully check the conditions of the packaging at the time of delivery and, if it detects damage, it should signs the waybill of the courier (or handheld) with the words “SUBJECT TO INSPECTION BECAUSE …” specifying in detail the anomalies found (i.e. damaged, dented, wet packaging ….). It should have the courier release a copy of the delivery document including the notes.
The product accepted by simply adding the words “subject to inspection”, if really damaged, cannot be replaced or refunded. If, on the other hand, the above procedure is followed, the product must be repackaged as received and, after specific instructions, returned to the carrier.
In case of damage, the customer must give immediate notice within 12 hours after delivery by e-mail to [email protected] describing the damage found and attaching appropriate photographic images. Emily srl will open the file with the insurance of the carrier and will proceed to the replacement (or refund in case of out of stock), as soon as possible. The customer to comply with the present procedure will accept no complaint in the case of failure. Emily srl is not liable for damages caused on products delivered and accepted without being subjected to inspection.
The risk of loss of or damage to the products passes to the Customer (or to a third party designated by it and different from the carrier) from the moment in which it physically takes possession of the goods.
Delivery is made at street level. Delivery to the floor is excluded.
In case of absence by the customer, after the 5 days of free storage provided, the cost of storage will be charged, otherwise the order will be cancelled, the goods will be returned to the company headquarters and the customer will be charged for the cost of transport. The cost of transport will still be charged to the customer in case of non-acceptance of the goods ordered.
Delivery is made within the terms agreed on the order and in any case within 10 working days after confirmation of payment (except for specific or unforeseen agreements due to natural or accidental causes that may prevent delivery of the goods within the defined terms) and to the delivery address specified by the customer at the time of order. The place of delivery must be easily reachable by the vehicles used for the transport of goods, otherwise it will be necessary to specify at the time of ordering whether it is a place of hardship or restricted traffic (i.e. narrow roads or alleys). For deliveries to the city of Venice the customer must specify an address on the mainland. The customer is informed in advance of the cost of transport and delivery terms, which it accepts by confirming the purchase order. The days of shipment may be subject to change for reasons not depending on Emily srl, which undertakes to notify the customer in case of known delay or found before the order shipping. In case of goods “not available” or “out of stock” in the office the customer will be given notice regarding the delivery time before the order confirmation. The order is “packed” and shipped when the customer makes the payment and the team of Emily srl confirms that the payment was received.
Since for VAT purposes, indirect e-commerce transactions are similar to mail order sales and, therefore, they are not subject to the obligation to issue an invoice (unless requested by the customer no later than the time of execution of the transaction), nor to the obligation to certify by issuing a receipt or ticket. Therefore, no invoice can be issued after the payment was received, but the customer must request it beforehand. The invoice will be sent to the customer requesting it, attaching it to the goods received or by e-mail. No change in the invoice will be possible after the invoice was issued.
Nothing is due by the customer than the total of the order.
article 4 – Product features
Due to differences in colour rendering by internet navigation software and / or display schemes cannot guarantee the perfect representation of products on the website, therefore, Emily srl cannot be held liable for differences in colouring that appear on the site.
article 5 – Product guarantee
The products are guaranteed against any manufacturing defect. What follows is excluded from the guarantee:
1) the consumption of the product as a result of normal wear and tear, by reference to its nature, function and composition;
2) any defect in the product that may result from a defect in maintenance, misuse or use that does not comply with the technical specifications for use (failure to observe maintenance and maintenance precautions), modifications or repairs carried out by the Customer or a third party, deterioration caused by external objects (use of detergents or heat sources);
3) indirect or accidental damage.
Any complaints must be made within 12 hours after receipt of the goods by sending an e-mail to [email protected], referring to the order number and attaching photographs of the product.
article 5.1 – Legal guarantees
The products are guaranteed against any lack of conformity and hidden defects under the conditions provided by the provisions of the Consumer Code and the Civil Code. Any returns or replacements will be made strictly upon return of the disputed piece (complaint to be made by registered letter or fax to be made on the same day of delivery). Only the transport costs will be borne by the Customer.
article 6 – Right to withdraw
Sales of products via the Internet are regulated by articles 50 to 68 (“remote contracts”) of Legislative Decree 206/2005 (Consumer Code). This legislation provides the consumer with the right to withdraw from contracts or contract proposals, guaranteeing the right to return the product purchased and to obtain reimbursement of expenses incurred (excluding transport costs and fees for payments by Paypal)
The right of withdrawal cannot be exercised if the product is not intact, or:
- in the absence of the original packaging;
- in the absence of integral elements of the product;
- for use and damage of the product.
The right of withdrawal is reserved exclusively for consumers (individuals who purchase goods not for purposes related to its professional, commercial or business), so legal persons and individuals acting for purposes related to its professional activity cannot exercise it.
To exercise the right of withdrawal is necessary to communicate directly to the company Emily srl, within 14 working days of receipt of goods, the willingness to terminate the contract in the following ways:
- sending an explicit statement (signed by the customer) to the following address/number:
Via Carlo Pisacane, 113/A – 46019 Viadana (MN)
- sending e-mails to [email protected]
The customer must send the products at its own expense to the address of the headquarters of the warehouse agreed by Emily S.r.l. Via Carlo Pisacane, 113/A – 46019 Viadana (MN) no later than 14 days after receipt of the goods, the product carefully packed in its original packaging.
For purchases made by bank transfer Emily srl will proceed to refund by making the transfer to the bank indicated by the customer.
For purchases made by payment through PayPal, the refund will be made by cancelling the transaction directly to PayPal.
The Customer expressly accepts, in accordance with the Privacy Code, that the company Emily S.r.l. is liable for the collection, use, communication and / or dissemination to the purposes and conditions indicated below, of its personal data as provided in the completion of all forms necessary to complete its purchases on the site www.emilyhome.it, including what may be indicated in the return form. For the above purposes, the Customer declares to know and allow the data provided by it to be included in the “Customer database of the company Emily S.r.l.” and may be used for commercial purposes, marketing, promotional and / or sales as well as for statistics or for sending editorial material, through consultation, processing or comparison. The provision of the requested data is optional and any refusal to provide them only implies the waiver of receiving proposals, offers or other materials referred to above. At any time, the customer can request its cancellation by sending a written notice at the registered office of the company.
article 8 – Jurisdiction
For any disputes that may arise in connection with the sales contract, the Court of Mantua shall have the exclusive jurisdiction.