GENERAL CONDITIONS OF DISTANCE SELLING AND USE OF THE WEBSITE
If you visit the site or purchase at www.emabartfirenze.it you accept these conditions of sale. We therefore recommend you to read carefully what follows.
- General elements of the agreement
1.1 These General Terms and Conditions of Sale (“General Conditions” or “GTC”) apply to the sale of products (hereinafter referred to as “Products”) by EMS SAS and C. della Dottoressa Emanuela Bartolozzi, with registered offices in Florence, Via Pier Capponi 99, 50132 Firenze (FI), P.IVA 06543330481 (“EMA BART”), as well as to the use of the website www.emabartfirenze.it (the “Site”). All contracts for the sale of Products by EMA BART through the Site to third parties, as identified and defined below (Article 1.2), are governed by these General Conditions, which form an integral and substantial part of every offer, order and confirmation of purchase order for the Products.
1.2 Sale to minors under the age of 18 is not allowed. By placing orders and purchasing through the Site, the buyer guarantees to be 18 or older.
1.3 EMA BART may modify, without notice, these General Conditions. Such changes will be effective from the date of their publication on the Site. The General Conditions in force at the time of conclusion of the sales contract apply to orders submitted before the date of publication of the aforementioned amendments.
1.4 Article 8 of these General Conditions (withdrawal) will only apply if the Customer qualifies as a “consumer” in accordance with Article 3, paragraph 1, letter a) of the Italian Consumer Code (“any natural person who is acting for purposes which are outside his trade, business or profession“).
1.5 EMA BART and the Customer explicitly agree to regard as valid electronic signature for the conclusion of the sales contract, as regulated by relevant clauses in these General Conditions, checking the box and pressing the “Complete your order” button ” on this Site, at the end of the purchasing process. It is understood that these General Conditions, published in a visible section of the homepage of the Site, shall govern the use of the Site as a contract that is agreed to by simply using the Site itself.
- Limitation of liability and license for the use of the Site
2.1 This Website is provided by EMA BART “as is” and “when available”. EMA BART makes no warranties, express or implied, on the functioning of the Site and/or on content, materials, information or products available through the Website. Furthermore, access to the Site may also be occasionally suspended or temporarily restricted to allow the necessary maintenance operations, fixing or updating services and products. EMA BART commits to limit the frequency and duration of such suspensions and/or restrictions.
2.2 EMA BART periodically checks the Site, but does not guarantee that the Site, its servers or e-mail are free of viruses or other potentially dangerous elements for the user’s and /or Customer’s PC. By visiting the Site, the Customer accepts to do it at his own risk. While checking regularly the content of the web pages’ links on the Site or accessible through the Site, EMA BART holds no responsibility for the content available through them.
2.3 EMA BART cannot be held responsible for any damage – of any kind – arising from the use of this Site.
2.4 EMA BART only grants limited access to, and personal use of, the Site and does not grant you any right to download or modify it even partially without its express written consent. The license does not extend to any use of the contents of this Site for commercial purposes, in particular no use of our product catalogs, descriptions and other materials is permitted. It is not permitted to exploit information on the Site to gain advantage for others; it is not permitted to use data mining robots or software to download and/or extract content from our pages. It is not permitted to link EMA BART web pages within a “frame” on the websites of other brands. Content published on this Site is solely aimed to the purchase of the Products.
- Prices, availability and characteristics of the Products
3.1 Unless otherwise indicated, prices of the Products as published by EMA BART must be considered inclusive of VAT. Prices of the Products published on the Website are to be considered current and subject to actual availability of the Products.
3.2 The Products cannot be tested. Although EMA BART can provide Products specifications and information, through the Site and the Product description cards, the Customer is responsible for selecting the Products he orders. The images of the Products are indicative and not binding.
3.3 Any special offer and condition promoted by EMA BART is valid until the date indicated on the Website or until stocks are exhausted and, in any case, are subject to actual availability of EMA BART Products.
- Intellectual and industrial property
4.1 The Site, as well as all the trademarks and distinctive signs used by EMA BART in connection with the sale of the Products, is protected by applicable intellectual and industrial property rights and any partial or total representations of the site, trademarks and distinctive signs used by EMA BART or any of its elements by whatever means are completely forbidden (for example, images, photographs, drawings, videos, graphics , colors, functionality and design of the Website).
4.2 EMA BART holds no responsibility for the trademarks and other distinctive signs that appear on the Products offered on the Website, and the Customer shall not acquire any right in them through the conclusion of the sales contract.
- Confirmation of orders. Delivery of Products, delays and risks of loss
5.1 EMA BART sells and ships by courier the Products available on the Site throughout Italy and to other Eurozone Countries.
Products, together with the sales documentation, will be delivered by courier to the address specified by the Customer when entering the purchase order online. Delivery shall take place within 10 working days for Italy and 15 days for other Eurozone Countries at the cost of €.15 per shipment. For orders over €.150, shipping throughout Italy will be free of charge.
5.2 EMA BART reserves the right to cancel any order considered not reliable. P.O Boxes are not considered valid addresses for delivery.
5.3 EMA BART shall not be responsible in case of delay due to its suppliers’ insufficient stocks and will not be liable in case of discrepancy between the Products and the images, texts and photos of such Products published on the Site.
5.4 EMA BART is not liable for any delay or failure to comply with the obligations laid down in these General Terms and Conditions if the delay or non-compliance is the result of unforeseeable circumstances or force majeure.
5.5 The parties agree that the Customer can place an order and complete the purchase as follows:
– verification of the characteristics of the Products as described on the Site and in the Product description cards;
– selection of the Product (s) and quantity;
– inputting the Products in the virtual cart (“choose” icon);
– checking the summary of the order made, including shipping fees;
– amendment or integration of the order;
– confirmation of the order (“Complete your order” icon);
– in case of payment through Paypal, please follow specific instructions of the service;
– receiving an email to confirm the successful completion of the procedure, with a summary of the order made and other useful information, in addition to the GTC in .pdf format;
– payment of the final price will following the instructions received.
5.6 Without prejudice to the 10 days maximum term for delivery throughout Italy and 15 days maximum term for delivery in Eurozone Countries, a different term that could be indicated must be considered an indicative timeframe. The delivery methods will be those provided by the selected courier. In case of failure to deliver, the order will be canceled if the delivery cannot be executed. EMA BART will notify the cancellation to the Customer by e-mail. The Customer will be reimbursed, after deducting the expenses for delivery attempts.
5.7 If goods cannot be delivered because unavailable, even temporarily, EMA BART will promptly notify the Customer by e-mail. The Customer will be reimbursed without undue delay.
5.8 The sales contract is concluded when EMA BART receives the payment of the price of the Products, or when confirmed that the payment has been instructed by the Customer.
5.9 EMA BART performs the sales contract upon receipt of the price of the Products, informing the Customer when proceeding to the shipment of the goods.
- Method of payment
6.1 Payments of the orders can be accepted through PayPal platform, cash on delivery (€.15 will be charged), bank transfer or credit card (Visa, Mastercard, American Express).
6.2 The Customer will follow payment instructions set by the financial intermediary and contained in the order confirmation. Deferments of payment will not be granted. In the event of unsuccessful payment, EMA BART will not ship the Products.
6.3 EMA BART has the right to suspend deliveries of the Products in any case the Customer fails to comply, even partially, to the agreed payment terms, and shall not be liable for damages of any kind.
6.4 EMA BART will issue Products tax documentation at the time of shipment of the goods to the Customer.
7.Warranties and returns
7.1 When the Customer is a consumer, the Products are covered by the legal guarantee for lack of conformity referred to in Articles 128 – 135 of the Consumer Code. Pursuant to Article 129 of the Consumer Code, it is clarified that “… Consumer goods are presumed to be in conformity with the contract if, where appropriate, the following circumstances exist: a) they are fit for the purposes for which goods of the same type are normally used; b) they comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model; c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling; d) they are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted, also implicitly; 3. There shall be deemed not to be a lack of conformity if, at the time the contract was concluded, the consumer was aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials or instructions supplied by the consumer. 4. The seller shall not be bound by the public statements pursuant to Paragraph 2, subparagraph c) when, even in the alternative, he can prove that: a) he was not, and could not reasonably have been, aware of the statement in question; b) by the time of conclusion of the contract the statement had been suitably corrected in such a way that it could have been known to the consumer; c) the decision to buy the consumer goods could not have been influenced by the statement. 5. Any lack of conformity resulting from incorrect installation of the consumer goods shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed by the seller or under his responsibility. This shall apply equally if the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions “.
7.2 Further conventional warranties are provided as described in the documentation present in the Product packaging or on the Website.
7.3 The warranties for the Customer who is also a consumer covers the lack of conformity existing at the time of delivery of the Products and become apparent within two years from then. The lack of conformity must be communicated, under penalty of expiration, within two months from detecting the defect. The legal action arising from defects, in any case, shall expire in twenty six months from the delivery of the Products. In case of lack of conformity, the Customer is entitled to have the lack of conformity of the goods remedied by repair or replacement, or to a reduction of the price or termination of the contract, according to art. 130 of the Consumer Code. Within two months from detecting the defect and in any case within a maximum of twenty-six months from receipt of the Products, the Customer must send a written notice to EMS SAS and C della Dottoressa Emanuela Bartolozzi, Via Pier Capponi 99, 50132 Florence (FI) , or by email to [email protected] Upon receipt of the notice, EMA BART will contact the Customer to explain how to send back the Products and all the necessary instructions. EMA BART will send a courier to collect the Products with no additional cost for the Customer. Products must be returned intact including packaging, any documentation provided with it and the sales receipt issued by EMA BART. Labels or adhesive tapes on original packaging of the Products must be avoided.
Once the returned Product has been checked, EMA BART will replace it and proceed to dispatch the new Product to the Customer, except for the provisions in art. 130 of the Consumer Code. In case the defect reported does not constitute lack of conformity pursuant to articles 128 and those following of the Consumer Code, the Customer will be charged for any cost incurred by EMA BART (such as verification, restoration, transport etc.).
8.1 According to the Consumer Code, the Customer, as a consumer, has the right to withdraw from the purchase without any penalty and without specifying the reason. In order to lawfully exercise such right, the Consumer must comply with the following conditions and methods:
– sending a notice to EMS SAS and C. della Dottoressa Emanuela Bartolozzi, Via Pier Capponi 99, 50132 Florence (FI) or email to [email protected], within 14 working days upon receipt of the purchased Products, possibly using the “withdrawal form” (as per ‘Annex I B of the Consumer Code) below:
“B. Withdrawal form –
pursuant to art.49, paragraph 1, lett. h) –
(fill in and return this form only if you wish to terminate the contract)
– Recipient [EMA BART name, address and, if available, telephone number, fax number and e-mail address]:
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of
the following goods/for the provision of the following service (*)
– Ordered (*) / received on (*)
– Consumer(s) Name
– Consumer(s) Address
– Consumer(s) Signature (only if this form is sent on paper)
(*) Delete the unnecessary wording “;
– in case of withdrawal, Products will be returned by courier under the responsibility and at the expense of the Customer, to EMA BART registered office without undue delay and in any case within 14 days from the date of communication of the withdrawal. EMA BART will not accept cash on delivery returns;
– withdrawal may also apply to individual Products under a single sales contract;
– all the Products for which the Customer has exercised his right to withdraw must be intact including packaging, any documentation provided with it, such as order references, transport documents etc.
8.2 Once the integrity of the returned Product has been verified, EMA BART will reimburse the Customer within 14 days upon the acknowledgement of Customer’s withdrawal. Customer will be refunded using the same payment method of the purchase, unless expressly agreed otherwise.
8.3 Withdrawal cannot be exercised for customized or personalized products or which, by their nature, cannot be returned or could deteriorate or expire rapidly.
8.4 Withdrawal cannot be exercised if returned goods are damaged, for example in case of: i) lack of external packaging and/or original internal packaging; ii) damages to the Products not depending to transportation; iii) abnormal conservation status.
8.5 In case the right of withdrawal is expired and if the Customer however fails to comply, in whole or in part, with the provisions set out by these General Conditions, the sales contract will remain valid and effective and EMA BART will return the Products to the Customer and charge for shipping costs.
- Cancellation or modification of orders
9.1 The purchase order may be amended or canceled if, at the time of the request for amendment or cancellation, the Product has not yet been shipped and, anyway, if the amount has not yet been cashed; in such case, no cost will be charged to the Customer. You can contact us by email to: [email protected]
9.2 If at the time of the request for amendment or cancellation of the purchase order, Products have already been shipped or if the amount has been anyway collected, Customer must exercise the right of withdrawal pursuant to article 8 of these General Conditions.
- Third party liability
10.1 EMA BART is not responsible for third parties which, as independent professionals, are involved in the management or execution of transactions and in any other operation associated with contracts concluded through the Site.
11.1. Any complaint shall be addressed to EMA BART, Via Pier Capponi 99, 50132 Florence (FI) or by e-mail to [email protected]
- Applicable law
12.1 Law applicable to the sale of the Products and use of this Site is the Law of Italy, with the express exclusion of the 1980 Vienna Convention on contracts for the international sale of goods.
- Place of jurisdiction
13.1 For any dispute arising between the Customer and EMA BART, the court having jurisdiction to hear all the claims based on the contract for the sale of goods is that for the Customer’s place of residence or domicile.
- Personal Data processing
14.1 The Customer read and took note of the separate information on personal data processing available here www.emabartfirenze.it/en/privacy-policy-cookie/ .
- Final provisions
15.1 Provisions set forth in the General Conditions are applicable within the limits of current Italian consumer protection laws.
15.2 Tolerance or non-challenge by EMA BART of any Customer failure to comply with General Conditions shall not be interpreted as tacit acceptance of such failures, nor as an amendment to what was agreed.
15.3 If one or more clauses of these General Conditions are invalid or ineffective, the contract shall not be invalidated and the remaining clauses shall be considered fully valid and effective between the parties.
15.4 For any matters not covered by these General Conditions, EMA BART refers to the dispositions of laws in force in Italy.