Terms and Conditions

GENERAL CONDITIONS OF SALE

Art. 1 General Provisions

1.1 By browsing this area, the User accesses emmestore.it/.fr/.com. Browsing and transmitting a purchase order on the site imply 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 The User is required, before accessing the products supplied by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.

1.4 The User is invited to download and print a copy of the purchase form and of these General Conditions of Sale, the terms of which Emmeti Store Srl reserves the right to modify unilaterally without prior 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 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 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 written communication sent by Emmeti Store Srl to the Customer, to the email address indicated by the latter, containing 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 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 the acceptance of these General Conditions and the Conditions of the Services purchased 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 start 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 with the limits set 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/s as illustrated in the information sheets on the pages of the Emmeti Store Srl website, by accessing the appropriate area (after registration) and placing the order online. Emmeti Store Srl guarantees that, at the time of 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 The Customer, by carrying out the purchase procedure indicated on the site, will be able to choose the products of interest to him, verify the overall value of the Products he intends to purchase, while as regards the shipping costs, these will be quantified at the time of forwarding of the order confirmation by Emmeti Store Srl as indicated in point no. 3.6.

3.3 The Purchase Order must be completed exactly by the Customer in all its parts and must contain the exact identification of the product/s ordered, 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 purchase a Product or a Service. Sending the order proposal does not bind EMMETI Store Srl in any way – unless otherwise established on the Site – nor can the online offer of Products or Services be understood as a proposal to the public pursuant to art. 1336 of the Civil Code. Following the order, once the purchase has been completed and payment has been made, the system will automatically send an order confirmation email which will not yet have the value of 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.

Subsequently, a second email will be received in which the availability or otherwise of the goods in stock and the indicative delivery times will be communicated, as provided for by art. 9, and the order will be considered accepted and the Distance Contract perfected, albeit within the limits indicated in points 3.4 and 3.7.

3.6 The Order Confirmation will contain the order summary, which shows the order details, the price of the product, the transport costs and the chosen service and any additional charges, the delivery address.

3.7 Emmeti Store Srl reserves the right to refuse the purchase proposal sent, by way of example and not limited to the following cases: previous non-fulfilment for any reason, subjection to bankruptcy procedures, lack of availability of the goods in the warehouses, clearly incorrect orders, orders with missing data, prices lower than market prices.

Art. 4 Registration

4.1 In completing the registration procedure, the Customer undertakes to follow the instructions on the site and to provide correct and truthful personal data.

4.2 Once 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 his/her data indicated during Registration.

4.4 If the Customer communicates inaccurate or incomplete data or even in the event of a dispute by Emmeti Store Srl regarding the 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 requests the activation of a profile for the first time, the same will indicate the username/email and password. The Customer acknowledges that these identifiers constitute the validation system for the Customer's access to online services and the only system suitable for identifying the Customer who, with the actions performed through such access, will be attributed to him and will have binding effect on him.

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 pass them on 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, the products could be sold to other customers before the order confirmation.

5.2 Even after sending the order confirmation, there may be cases of partial or total unavailability of the goods. In these cases, Emmeti Store Srl will promptly inform the Customer by e-mail to the address indicated during registration.

5.3 If the user requests cancellation of the order by email, terminating the contract, Emmeti Store Srl will refund the amount paid within the indicative term 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, even if dependent on malfunctions and disruptions of the internet network, in the event that it is not possible to execute the order within the timeframes set out in the contract.

Art.7 Payment methods, prices and refunds

7.1 The price of the product is that indicated on the site, 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 him to decide whether to confirm the order by paying the price difference or proceed with cancellation.

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 we expressly refer to the shipping section of the sites).

7.5 Prices may 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 and Mastercard debit or credit card, provided they are enabled for online purchases and have a verification code), PaypalTM, advance bank transfer, cash on delivery (cash on delivery), Klarna, Amazon Payment or Satispay. The amount due will be charged on the date of order confirmation. The holder of the order paid by credit card must be the owner of the credit card used. EMMETI Srl reserves the right to request that the Customer send a fax copy of a valid identity document to verify ownership of the card, with the right to request a photographic extract of the card that leaves the last 4 digits visible.

7.7 Any refund to the Customer following withdrawal or cancellation will be credited in the same manner used for payment with the exception of payments originally made by Cash on Delivery or Satispay, for which Emmeti Store Srl will expressly request the customer for an IBAN code on which to credit the amount due.

7.8 In the event of the exercise of the right of withdrawal by the Customer, 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 that it has incurred to send 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 entirely borne by the Customer. In this case, Emmeti Store Srl will send a return form, offering the customer the option of choosing whether to proceed with the return independently (taking charge of suitable packaging and shipping to Emmeti Store Srl) or whether to request from Emmeti Store Srl to receive - upon payment of €25.00 - a specific waybill, useful for carrying out the return shipment. In this second case, Emmeti Store Srl will also be responsible for booking the courier's passage to collect the goods to be returned. Once the returned product has been received, Emmeti will proceed to reimburse the price minus any additional shipping costs for sending the goods to the customer within 9 days of receiving the goods at its headquarters in order to be able to verify the integrity of the goods and the presence of all the components relating to the product/s sent.

7.10 Emmeti Store 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 will have a merely indicative value and cannot be relied upon entirely, as will the times indicated in the written communication from Emmeti Store upon placing the order, and the methods and times of contact with the Customer - prior to delivery or subsequent to 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 delay in respect of the indicated delivery times.

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 timescales 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 which entail particular timescales 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 the material availability or in any case the control of the Products to the Consumer. If EMMETI Store Srl does not fulfill the obligation to deliver the Products within the agreed deadline, the Consumer has the obligation to invite it to make the delivery within an additional deadline appropriate to the circumstances. If the additional deadline 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 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 immediately raised with the carrier, in the absence of these, the product is considered to have been delivered correctly. The invoice, contained in the special pocket applied to the outside of the package, must be kept.

If the courier chosen for delivery is BRT, the Customer must necessarily write a “specific reservation” on the waybill upon delivery in order to allow Emmeti Store Srl to seek compensation from the carrier in the event that the goods have deteriorated during transport. In the absence of such a last reservation, Emmeti Store Srl will not be able to proceed with any reimbursement to the Customer.

If upon delivery of the Product there is evident damage to the packaging, the Customer must:

• express a reservation or the package is accepted but before signing the document the Customer must write "I accept with right of reservation", it will be possible once the package has been opened and any damage found, 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 bear any additional costs (in addition to the price of the Product, which will in any case be highlighted on the Site as a total amount including taxes, to which – based on the indications given on the Site – the costs borne by the Customer for shipping, delivery or other) due to shipping, delivery or postal costs or other types of costs if applicable (e.g. additional costs for any insurance coverage requested by the Customer for the shipment of a particular Product).

Pursuant to art. 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:

• to comply by making a supply other than that agreed, of equivalent or superior value and quality, where the consumer Customer specifically accepts it 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, 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 the payment of customs charges (i.e., by way of example, taxes, duties, fees, commissions, etc.), which will be borne by the Customer. EMMETI Store Srl is not responsible for such customs taxation and is not required to check the respective amounts. The Customer therefore has the burden of verifying in advance the amount of such charges, which cannot be determined in advance. For this reason, EMMETI Store Srl suggests that the consumer Customer check - before submitting any purchase order proposal - any charges of this kind at the competent customs offices of the country of delivery of the Products in order to obtain detailed information on the matter.

9.7 If the Customer refuses the purchased Product upon arrival or refuses to pay the respective customs charges, all costs relating to unpaid customs charges (both those relating to delivery to the Customer's country and those that EMMETI Store Srl is required to pay to the customs agents for the return of the Product(s) to Italy) will be charged to the Customer, by 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 the delivery of the Product. If delays should occur, the Customer is advised to carry out the appropriate checks at the competent 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 the 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 PEC 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 through a single Purchase Order and delivered separately and/or in the case of delivery of a Product consisting of several lots or pieces, the term of fourteen (14) days to withdraw from the 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 valid 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 the original packaging/packaging complete with all its parts and complete with the attached tax documentation. Without prejudice to the right of Emmeti Store Srl to verify compliance with the above, the site will provide a refund in accordance with the provisions of art. 7.7-7.8-7.9. The integrity of the Product to be returned following the exercise of the right of withdrawal and return is an essential condition for the exercise of the right itself.

10.7 The right of withdrawal cannot be applied nor the right of return and refund request can be exercised for products marketed by Emmeti Store Srl included in the categories of art. 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 having as its object Products that are clearly personalized or requested with particular specifications by the Consumer or in any case available to order by the customer. In this regard, for the purpose of example but not limited to, reference is made to the Products listed below: doors of any type, particular plasters or paints, particular customizations, Beta furniture, Velux and Le Nordica stoves.

Art. 11 Communications and Public Relations Service

11.1 For any communication/information/or request relating to the product/s purchased, the Customer must contact Emmeti Store Srl, in the following ways. With the exception of the products of the following manufacturers for which any complaint regarding the functioning of the product/s must be sent directly to the parent company.

Art. 12 Data processing

12.1 The Customer's data are 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 Reg. 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 and 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: via Torino 168 Collegno (TO), 10093

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 sheets published on the Site - accompanied by photographic images - which the Customer can view before submitting the purchase offer.

EMMETI Store Srl reserves the right to modify/adapt the technical and dimensional information of the Products in the catalogue, even without prior notice. The following information is also reported in these sheets or in the related web pages of publication in the purchasing process:

1. a) Availability and price, including all taxes and duties payable by the Customer;
2. 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 cost elements depending on the case, which are borne by the Customer (the Consumer is specified and informed pursuant to art. 57 of the Consumer Code that the costs of returning the Products are borne by him in the event of exercising the right of withdrawal pursuant to clause 9);
3. c) the methods of payment, delivery of the goods or provision of the service;
4. d) the duration of validity of the various offers and prices (even in the case of promotional, special sales and/or applied discounts);
5. 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 reported above, the other information required by both the Consumer Code and Legislative Decree 70/2003 is also reported below in favour of both consumer Customers (in addition in this case to that provided above) and non-consumer Customers (legal persons and professionals):

1. 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 the following:

Tel. +39 011/4037738

E-mail: amministrazione@emmetistore.it PEC: info@pec.emmetistore.it

14.6 The online publication of these General Conditions of Sale and of Article 3 above are valid as the presentation of the information on a durable medium provided to the Consumer Customer pursuant to art. 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 turns out not to be compliant with the provisions of the Distance Contract and in accordance with the provisions of art. 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 the restoration, without charge, of the conformity of the goods through repair or replacement or to an adequate reduction in the price or to the termination of the contract.

The consumer Customer may ask, at his choice, EMMETI Store Srl to repair the goods or replace them, free of charge in both cases (the charges refer to the costs necessary to make the goods compliant, in particular with reference to the costs incurred for shipping, labor and materials), unless the requested remedy is objectively impossible or excessively onerous compared to the other. One of the two remedies is to be considered excessively onerous if it imposes unreasonable costs on EMMETI Store Srl compared to the other, taking into account:

1. a) the value that the good would have if there were no lack of conformity;
2. b) the extent of the lack of conformity;
3. c) whether the alternative remedy can be achieved without significant inconvenience to the consumer.

15.4 The consumer Customer may request, at his choice, an appropriate reduction in price or the termination of the contract where one of the following situations occurs:

1. a) repair and replacement are impossible or excessively expensive;
2. b) EMMETI Store Srl, has not repaired or replaced 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;
3. 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:

1. a) if the consumer Customer has already requested a specific remedy, EMMETI Store Srl will proceed to implement it, subject to acceptance by the consumer Customer of the alternative remedy proposed by EMMETI Store Srl;
2. 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 loses the rights provided for in this clause if he does not report to EMMETI Store Srl the lack of conformity of the Products within two months from 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 rule of the country of habitual residence 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 inherent/consequent to the same shall be resolved exclusively by the Italian Jurisdictional Authority.

16.3. For civil disputes arising from the Distance Contract, the territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located in the territory of the State. Any other dispute that may arise in relation to the Online Sales Contract and/or as a consequence of these conditions will be subject to the exclusive jurisdiction of the Court of Turin.