Termini e condizioni del servizio
GENERAL CONDITIONS OF SALE
Art. 1 - General provisions
1. By navigating in this area, the user accesses EMERA, accessible via the url: www.emeraa.com. Browsing and submitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) by EMERA.
3. Before accessing the products supplied by the site, the user is required to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
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 EMERA reserves the right to modify unilaterally and without notice.
Art. 2 - Object
1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on EMERA and do not, however, govern the supply of services or the sale of products by parties other than seller who are present on the same site through links, banners or other hyperlinks.
2. Before forwarding orders and purchasing products and services from different parties, we suggest checking their conditions of sale.
Art. 3 - Conclusion of the
1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
2. It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the means of payment that can be used, the methods of delivery of the products purchased and the relative costs of shipment and delivery, a reference the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
5. The user will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will be done by clicking on the "PAY NOW" button at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for its fulfilment.
Art. 4 - Availability of products
1. Product availability refers to actual availability at the time the user places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence of several users on the site, the products could be sold to other customers before the order is confirmed.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product and the user will be immediately informed via e-mail.
3. If the user requests the cancellation of the order, resolving the contract, EMERA will refund the amount paid within 30 days from the moment in which EMERA became aware of the buyer's decision to rescind the contract.
Art. 5 - Methods of payment and prices
1. The price of the products will be that indicated from time to time on the site, except where there is an obvious error.
2. In the event of an error, EMERA will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, there will be no obligation for EMERA to supply what was sold at the lower price incorrectly indicated.
3. The site prices are inclusive of VAT and include shipping costs. Prices may vary at any time. The changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details may be changed before payment.
5. Payment can be made via:
Credit cards (Master Card, Visa, American Express)
Google Pay
Apple Pay
Bank transfer
Cash on delivery
Klarna
Article 6 - Delivery
1. EMERA carries out shipments throughout the national territory.
3. Delivery is generally made within 2-6 working days, or, if no delivery date is specified, within the deadline estimated at the time the delivery method is selected and, in any case, within the maximum term of thirty days from the date of confirmation.
4. If delivery is not possible, the order will be sent to the depot. In this case, a notice will specify the location of the order and the ways in which to agree on a new delivery.
5. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
6. If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that we intend to terminate the contract.
7. As a result of the termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without unjustified delay and, in any case, within 14 days from date of termination of the contract. The transport deriving from the termination of the contract could have additional costs which will be charged to the buyer.
8. Shipping costs are charged to the buyer and are explicitly highlighted at the time the order is placed.
Article 7 - Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the event of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal from the purchase can send an email, indicating the order number and name of the user, to:
assistance.emera@gmail.com
4. The buyer must also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 obligatory.
5. The goods can be returned to any point of sale in Italy, as indicated on our web page, as well as sent to: EMERA.
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 14 days for any shipping costs incurred by the user.
7. The return costs will be borne by the buyer.
8. As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the buyer demonstrates that he has returned the goods.
10. The site will refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund to be made.
Art. 8 - Data processing
1. The buyer's data are processed in compliance 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 EU Regulation 2016/679 (Privacy Policy).
Art. 9 - Safeguard clause
1. In the event that one of the clauses of these General Conditions of Sale is void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Article 10 - Contacts
1. Any request for information can be sent by email to the following address assistance.emera@gmail.com, by telephone to the following telephone number: +39 3495115108.
Art. 11 - Applicable law and competent
1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the purchaser. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian jurisdictional authority. In particular, if the user qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.