TERMS OF SALE - EMMA Firenze

1. Introduction

The sale of “EMMA Firenze” branded products executed remotely through this site (hereinafter referred to as the “Website”) is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by EMMA Firenze (hereinafter referred to as “EMMA Firenze”). EMMA Firenze is a one-man business firm incorporated under Italian law, with registered office at Via Gino Capponi n. 6, 50121 Firenze (FI), Italy, tax code n. PRTSMN68S04D612V, VAT n. 06697240486. EMMA Firenze, in order to fulfill its clients’ needs and desires has decided to realize a remote sales network through the Website. EMMA Firenze product list is available on the Website.
2. The use of the remote sale service governed by the General Terms of Sale hereof is exclusively reserved to consumers (hereinafter referred to individually as “Customer” or, collectively, “Customers”) meaning natural persons acting for purposes not related to the business, entrepreneurial, crafts-manlike or professional activities possibly carried out, over the age of 18 (or, if younger, authorized by their legal representative).
3. The products offered for sale on the Website can be delivered to almost all Countries in the world.
4. The languages used to execute the sale contract through the Website hereof are: Italian and English.
5. Resale, hire, or transfer for any commercial or professional purpose of the products purchased from the Website are strictly forbidden
6. The General Terms of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force, art. 12, paragraph 3, D.L. April 9th 2003, n. 70 (“Accomplishment of the European Community Directive n. 2000/31/CE related to some juridical aspects of the services offered by the internal market Society of information, with particular reference to the Electronic Commerce”) and further modifications and integrations.
7. EMMA Firenze reserves the right to amend the General Terms of Sale hereof at any time. Any amendment shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published.
The removal of the General Terms of Sale from www.emmafirenze.com Website implies the non-applicability, ineffectiveness and non-enforceability versus EMMA Firenze with respect to purchases made after such removal from the Website, also in the event such General Terms of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.

2. Purchasing process

Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article’s photographic images, unit price, colors and sizes (if applicable). Information related to EMMA Firenze products offered for sale on the Website is given in compliance with the applicable laws currently into force, and, in detail, with articles 49 and 51 of DL 6th September 2005 N. 206, then modified by DL 21st February 2014, N. 21 (hereinafter referred to as the “Codice del Consumo”)
The Customer may purchase one or more Products through the remote sales network offered on line (the “Service”). EMMA Firenze reserves the right to vary at any time the l limitations to the number of Products and/or types that can be purchased through the Website.
The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the “Shopping Bag”).
A description of the Products, including measures or sizes (if applicable), together with one or more photographic images in digital format clearly showing the Products, shall be included in the Customer’s Shopping Bag.
Although EMMA Firenze constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and color resolution of the device used by the Customer. As a result, EMMA Firenze shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons. In order to visualize the selected products and the total price of the purchased items (hereinafter referred to as the “Order”) the Customer must click on the Shopping Bag page. The Customer, before Order confirmation, is requested to check carefully the content of the Shopping Bag, to complete the purchase form on the correspondent Website page and to confirm to have read and accepted the General Terms of Sale provided on the Website.
The purchasing process is completed as soon as the Customer presses the relevant final Order confirmation button. The purchasing process must be thoroughly completed, otherwise the content of the Shopping Bag will be canceled leaving no trace at the end of each purchasing session.
After pressing the Buy Button, the contents of the Order may no longer be modified by the Customer.
Whenever the Customer needs to modify his/her Order (for example the article or number of articles) or correct possible mistakes in the Order, he/she must follow the given instructions provided on the Website.
After the Order confirmation the Order will be directly sent to EMMA Firenze. The Order will be stored by EMMA Firenze in its Storage System at its own Internet Service Provider. The Customer may verify the state of his/her Order in accordance with what stated in following art. 6.6. Apart from possible use of data for any reason different from purchase, as described on the Privacy Policy provided on the Website and submitted to written consent of the Customer, form containing the Order and data related to the Costumer will be stored by EMMA Firenze for the time period provided for and in compliance with the applicable laws currently into force.
At the end of the purchasing process, it is advisable that the Customer save or print off the current General Terms and Conditions of Sale. The Costumer, as stated in art. N. 51 of the Codice del Consumo, will receive an e-mail message (hereinafter referred to as the “Confirmation e-mail”), at the e-mail address present in the purchase form, containing confirmation of the conditions of purchase: written confirmation of the ordered items and main characteristics of them, EMMA Firenze data as provided in art. N. 12 of these General Terms of Sale, the total price of items, conditions of payment or possible sum of money already paid by the Costumer, the withdrawing terms and related procedures, the geographic address to put in a claim, date within which EMMA Firenze undertakes the delivery of the Order, the warranty of compliance of products, the cost of Website use, if this cost should be calculated on a different base from usual.
EMMA Firenze can assert the right to reject Orders from a Customer with whom it is carrying a legal dispute related to a previous Order. In this case no Orders can be accepted and no contract is intended to be entered between EMMA Firenze and the Customer. EMMA Firenze can assert the right to reject Orders from an unfit Customer such as Customers who committed Terms of Sale infringement during previous Orders, Customers who intend to purchase products for their own or others’ entrepreneurial or professional activities, Customers who don’t act on the base of a true and genuine interest in the purchase of the ordered products, Customers who abusively exercise the right of withdrawal as regulated by the following art. N. 8 or Customers involved in fraudulent activities of any kind. In such cases the Order sent by the Customer is intended to be invalid and void. EMMA Firenze will communicate the Customer the impossibility to accept Orders, within 30 days starting from the actual receipt of them and will provide the refund of the sum if already paid by the Customer.

3. Product availability

The Customer acknowledges that the products offered by EMMA Firenze on the Website (hereinafter referred to as the “Products”) are limited in number and he/she is therefore aware that EMMA Firenze shall need to check their availability at the time of the purchase.
Occasionally the availability of certain Products may incur inconveniences. In such circumstances, EMMA Firenze shall inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed has been canceled.
In the event the order is only partially unavailable, the Customer will be asked if he/she either wishes to receive the Products that are available or fully cancel the order. In this last case no charge will be due by the Customer. If the Order has been paid already, the Customer will receive a prompt refund.
EMMA Firenze reserves the right to vary the articles sold on the Website at any time, without any notice.

4. Conclusion of contract

Upon confirmation of the Order, the Order is submitted to EMMA Firenze for processing and cannot be further modified or canceled, except from those cases expressly mentioned in the present Terms of Sale or provided in the applicable Italian regulations.
The Order placed by the Customer shall only be processed by EMMA Firenze if the entire purchasing process has been duly completed, without any error being reported by the Website.
The contract by and between EMMA Firenze and the Customer shall be deemed to have been executed as soon as the Customer receives a confirmation email from EMMA Firenze (hereinafter referred to as the “Confirmation Email”) in which he/she is also informed that the Order has been correctly brought to a successful conclusion.
The Order confirmation represents full evidence of the Customer’s acceptance of the present General Terms of Sale.
Data stored on the Website represent full evidence of the details related to the transactions between EMMA Firenze and the Customer. In case of dispute related to a transaction made through the Website between EMMA Firenze and the Customer, stored data will constitute full evidence of the occurred transaction.

5. Price and Method of Payment

The prices of all Products offered for sale on the Website are inclusive of VAT.
The relevant prices shall be shown in Euro (EUR).
The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately.
The prices shown on the Website and displayed in the Shopping Bag section upon confirmation by the Customer of the Order by pressing the Buy Button shall be charged to the Customer, provided that the Products ordered are available in that moment.
EMMA Firenze reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice.
EMMA Firenze only accepts credit cards or PayPal, as expressly indicated on the Website.
For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Customer of the debit authorization, and (iii) EMMA Firenze’s confirmation that the product is available and, in any event, after the Order is ready to be processed.
No amount will be charged at the time of submission of the Order, except for a contingent charge due to the verification of the credit card data.
For the purposes of payment through PayPal, the Customer confirms and warrants that he/she is the owner of the PayPal account used for the purchase.
Customers shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from EMMA Firenze.
If, for any reason, the price cannot be charged, the process of purchase will be automatically canceled.
The purchased Products shall only be shipped after the verification by EMMA Firenze of the credit card data used by the Customer and the bank authorization receipt or after the Order has been correctly brought to a successful conclusion in the case of a PayPal payment.
In the event one or more Products are unavailable the Customer shall only be charged the price of the available Products and the possible related shipping costs.

6. Delivery

The Products shall be delivered to the address indicated by the Customer in the Order. The Customer’s signature or legal representative’s in case the Customer is underage shall be requested upon delivery of the Products.
For security reasons, EMMA Firenze shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
The products offered for sale on the Website may only be purchased and delivered to addresses in the Countries indicated above (section 1.3). In light of the foregoing, any Order entailing delivery outside of these countries shall be automatically rejected upon processing of the Order.
The Customer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Buy Button. In accordance to art. N. 65 of the Codice del Consumo, EMMA Firenze will ask the Customer’s consent for any other further charge together with the total payment due for the main contract obligation.
In compliance with the applicable laws currently into force,(art. N. 61 of the Codice del Consumo) the term within which EMMA Firenze is required to deliver the Products purchased, with the exception of events of force majeure or unforeseeable circumstances, is 30 (thirty) days of the date of execution of the contract, unless EMMA Firenze will communicate the Customer, within the same period of time, that the Order has not been accepted or will not be processed because of the unavailability, even when temporary, of the ordered products. In this case EMMA Firenze will totally refund what has been paid by the Costumer. If EMMA Firenze will not be able to deliver the Order within the time above-mentioned or within a different time that might have been agreed with the Customer, the Customer may ask EMMA Firenze to deliver the Order within an overtime term, appropriate to the circumstances, unless he/she is exonerated from this charge, as stated in art. N. 61, paragraph 4 of the Codice del Consumo. The Costumer can always reserve the right to rescind the contract and ask for the compensation for damages, if the ordered products are not delivered within the agreed supplementary time. In order to make the delivery faster, EMMA Firenze reserve the right to split an Order in more than one delivery, according to the availability of products. In this case EMMA Firenze will inform the Costumer by e-mail or by telephone and the price will also be considered separately for each delivered Order. In any case shipping costs will be applied as one whole single delivery.
As soon as the purchased Product is shipped, the Customer shall receive an email to the address indicated in the Order. EMMA Firenze Customer Service will provide all the possible assistance to solve any technical problem related to the delivery.
Customers may contact EMMA Firenze Customer Service by e-mail at: info@emmafirenze.com. In accordance with art. N. 63 of the Codice del Consumo, the Costumer will assume all risks for the loss or damage of the ordered products, due to causes not imputable to EMMA Firenze, only when the Costumer or a third person different from the carrier, will actually receive in his/her hands these products. It is understood that the risk is assumed by the Costumer right in the moment when the products are given to the carrier if the carrier has been chosen by the Costumer and not by EMMA Firenze except for the Costumer’s rights toward the carrier.
Just in case, on the contrary, the loss or damage of the Order are imputable to EMMA Firenze, in compliance with the applicable laws currently into force, EMMA Firenze will change for free the ordered products, upon request of the Costumer, to be sent to the above e-mail address.

7. Product Conformity

At the time of delivery, the Customer is required to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of EMMA Firenze Products is subject to the legal guarantees provided for under the applicable laws, in detail what stated by art. N. 129, 130 and 132 of the Codice del Consumo, as well as to any additional contractual warranties possibly provided to the Customer.
In the event of existence of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the products conformity is restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. If any of the cases provided for by the law applies, (art. N. 130, Paragraph 7 of the Codice del Consumo) the Customer may request a congruous reduction in price or the termination of the contract and subsequent refund of the purchase price paid. It is understood that the Customer shall lose such right if he/she does not notify to EMMA Firenze the lack of conformity of the Product within 2 (two) months of the date the defect was discovered. Actions aimed to claim defects of the Products can only be brought to Court within 26 (twenty-six) months from the delivery of the relevant Product. If the Costumer has been already charged for his/her order, he/she will promptly be refunded.
In order to notify the existence of Product defects and lacks and to demand one of the remedies listed above, Customers must contact EMMA Firenze through registered written letter with return receipt to be sent to the following address: EMMA Firenze via Gino Capponi 6, 50121 Firenze, Italia, anticipated by an e-mail at the address: info@emmafirenze.com
The Costumer intention to make use of the legal guarantees provided for under the applicable laws (Codice del Consumo) to rectify the product conformity can be carried on just for defects related to products that have been purchased on the Website.

8. Right of Withdrawal

The Customer has the right to withdraw from any Order related to EMMA Firenze products as stated in art. N. 52 of the Codice del Consumo, without providing EMMA Firenze with a reason or making any statement, as long as it is explicit, sent to EMMA Firenze according to the following terms.
The right to withdrawal previously mentioned can be validly exercised by the Customer within 14 (fourteen) days of the delivery of the Products to the Costumer, or to a third person, different from the carrier and appointed by the Costumer. For split Orders, the relevant term shall begin on the day of delivery of the latest Product to the Costumer, or to a third person, different from the carrier and appointed by the Costumer.
In order to validly exercise the right to withdrawal, it is mandatory to inform, within the time above mentioned, EMMA Firenze (via Gino Capponi 6, 50121 Firenze Italy, e-mail: info@emmafirenze.com) about the decision to withdraw from the contract with any explicit statement (for example with a letter sent by post or e-mail). Customers can copy the standard form written below. In the event the Customer is not using the specific down-loadable withdrawal form he/she must send any other explicit statement about his/her decision to withdraw from the contract. It is also possible to fill in the form and or any other explicit statement and deliver it directly on the Website. The written decision must be sent before the deadline of 14 days as stated above. Once the statement of withdrawal has been received, EMMA Firenze will promptly confirm the receipt through a durable medium (e.g. via e-mail).
THE RIGHT OF WITHDRAWAL SPECIFIED IN ART. N. 52 OF THE CODICE DEL CONSUMO CANNOT BE EXERCISED BY A NON CONSUMER SUBJECT (FOR EXAMPLE A V.A.T. HOLDER WHO MIGHT ASK FOR A PURCHASE INVOICE) AND IN ANY CASE WHEN THE ORDER REFER TO MADE TO MEASURE OR PERSONALIZED PRODUCTS (ART. N. 59, LETTER C OF THE CODICE DEL CONSUMO).
In case of made to measure or personalized Orders, these Orders will not be returned or refunded, although EMMA Firenze, in order to meet the Costumers’ wishes, WILL REFUND 100% of the made to measure or personalized Products WHEN THE STATEMENT OF WITHDRAWAL WILL BE RECEIVED WITHIN 24 HOURS FROM THE CONFIRMATION E-MAIL. After this deadline has expired without receiving any request of withdrawal these Orders will be definitely processed – with consequent acquisition of the materials needed for the production of products – and the purchase of personalized or made to measure products cannot be canceled any more.
Consequence of withdrawal (products return)
The Customer undertakes to return the Products for which he/she has exercised the relevant right of withdrawal without undue delay and, in any case, within 14 (fourteen) days of the date the exercise of the right of withdrawal is notified to EMMA Firenze. Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, that they have never been used, worn or damaged in any way, and returned in their original packaging, equipped with all the labels, accessories, instructions and documentation they were received with; they will also be returned together with transport documents (included in the original packaging) in order to let EMMA Firenze identify the Costumer (Order number, first and second name and address)
EMMA Firenze shall check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.
EMMA Firenze reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased.
If the Costumer wishes to return the products, he/she can use the return label printable from his/her personal account accessible on the Website. If the Customer is unable to print, if he/she finds difficulties in downloading the label or if he/she needs a new label, he/she can contact the Customer Service (see contact details further on) and ask for another one. Please always use the return label supplied by EMMA Firenze to avoid useless further charges. In order to meet the Costumers’ wishes, derogating the art. N. 57 of the Codice del Consumo, EMMA Firenze will pay for the return costs (normally paid by the Costumer) just in case the Costumer uses the return documentation supplied by EMMA Firenze and sends the products from the Country of delivery. On the contrary, the Costumer will be charged for return costs. The costumer is responsible for any depletion of the products due to any manipulation if not strictly necessary to ascertain the nature and features of the Product purchased.
Consequence of withdrawal (refund)
EMMA Firenze shall refund any amounts due for the Products returned together with delivery costs (except for supplementary costs due to a delivery agreement different from the standard one, offered by EMMA Firenze and paid by the Costumer) without undue delay and in any case within 14 (fourteen) days of the date on which EMMA Firenze becomes aware of the exercise by the Customer of the right of withdrawal.
In any event, EMMA Firenze reserves the right to withhold the refund either until receipt and verification of the Product or until proof by the Customer that he/she has actually sent back the product in accordance with Art. N. 56 Paragraph 3 of the Codice del Consumo
The aforementioned refund shall be made by crediting the amount paid by the Customer with the same payment method used for the purchase, unless otherwise expressly agreed by the Customer and provided that no costs are incurred as a result of the refund.

Standard Withdrawal Form

The Costumer who wishes to withdraw from the contract using the withdrawal standard form available in this page is kindly requested to fill it and send it to: EMMA Firenze via Gino Capponi 6,
e-mail: info@emmafirenze.com
The Costumer can exercise the right of withdrawal sending EMMA Firenze any written explicit statement , may also use the above-mentioned down-loadable form or refer to the following text:

With this statement I/We (*) notify the withdrawal from my/our (*) purchase contract related to the following products/services (*)
– ordered on (*)/received on (*)
– name of Customer/s
– address of Costumer/s
– date
Signature of the Customer
(*) chose the option and erase what not needed

9. Limitation of liability

Except in the event of willful misconduct or gross negligence, EMMA Firenze shall in no way be liable towards the Customer for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.

10. Product Authenticity and Intellectual Property Rights

EMMA Firenze warrants the authenticity and high quality of all the Products offered for sale on the Website.
The “EMMA Firenze” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “EMMA Firenze” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the EMMA Firenze, with its registered office in Italy, via Gino Capponi 6, 50121 Firenze. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden without an explicit agreement with EMMA Firenze.

11. Disputes

The General Terms and Conditions of Sale hereof are governed by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favorable to the Customer applicable in the Country of habitual residence of the Customer.
In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the Court of the place where the Customer is domiciled or resident, if located in Italy, shall have exclusive and mandatory jurisdiction. In the event the Customer’s domicile or residence is not located in Italy, the Customer may, at his/her election, refer the matter either to the Court of the place where he/she is domiciled or resident or to the Court of Firenze (Italy).

12. Contact Details

For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to the following address: info@emmafirenze.com or contact the Customer Service, EMMA Firenze, Via Gino Capponi 6, 50121 Firenze, Italy.

General terms of sale