1. Object of the online contract and its definition
By "online" sales contract we mean the distance contract, i.e. the legal transaction concerning movable goods and/or services stipulated between a supplier, EMERA DESIGN SRL based in BERGAMO - LARGO PORTA NUOVA 14 and a consumer customer in the part of a remote sales system organized by the supplier who, for this contract, uses the remote communication technology known as the "internet". All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address: WWW.EMERA-DESIGN.COM, where, following the indicated procedures, he will conclude the contract for the purchase of the good. By final consumer we mean the natural person who purchases goods and services for purposes not directly referable to any professional activity carried out. Below are the conditions of sale which will remain effective until changed by the supplier. Any changes to the conditions of sale will be effective from the moment they are published on the website and will refer to sales made from that moment on.
2. Sale prices and purchase methods
All the sales prices of the services displayed and indicated on the website, for which they constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and all other taxes (unless otherwise indicated). Where transport is foreseen, the cost is duly highlighted on the appropriate page on the site which the customer will take care to view before confirming the purchase; in the event of delivery abroad, any additional costs due to taxes or fees provided for by the legislation in force in the country of destination will be charged to the consumer. The purchase contract is concluded through the exact compilation and the consent to the purchase expressed through the accession given "on line". The customer can pay for the goods ordered using only the payment methods indicated online at the time of purchase.
Estimated delivery times are 10 working days.
3. Buyer's obligations
The consumer undertakes and obliges, once the "online" purchase procedure has been completed, to print and keep these general conditions, which, however, he will have already viewed and accepted as an obligatory step in the purchase, as well as of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in Articles 3 and 4 of the Decree legislation no. 185/1999. It is strictly forbidden for the purchaser to enter false and/or invented and/or fictitious data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively one's real personal data and not of third parties, or of fantasy. It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties. The company reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
4. Right of withdrawal and complaints
The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the purchase, without any penalty and without specifying the reason, within 10 working days from the conclusion of the contract. The withdrawal must be manifested by sending an email to the address email@example.com within the aforementioned term of 10 days, which must be followed within 48 hours by a registered letter with acknowledgment of receipt to the following address: EMERA DESIGN SRL – LARGO PORTA NUOVA 14, 24122 BERGAMO – ITALY. The consumer cannot exercise this right of withdrawal for products made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly. Within the aforementioned term of 10 days, all purchased goods intact and in their original packaging, without any lack, must be returned to the sender-supplier. Return fees will be charged to the customer. Once the request has been received, the company will send a voucher of equal value to be used within 60 days.
As required by the directive examined in regulation 524/2013 / EU by the European Commission to protect the actors who take part in the purchase process on an e-commerce, any complaints can be reported on the ODR site.
5. Contract termination and express termination clause
EMERA DESIGN SRL has the right to terminate the stipulated sales contract by simply notifying the customer with adequate and justified reasons; in this case the customer will only be entitled to a refund of any sum already taken and paid.
6. Jurisdiction and Competent Court
Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into "online" through the WWW.EMERA-DESIGN.COM website is subject to Italian jurisdiction; although not expressly provided herein, these general conditions refer to the combined provisions of legislative decree n° 50 of 15.1.1992 and legislative decree n° 185 of 22.5.1999. For any dispute between the parties regarding this contract, the Court of residence of the Customer or the elective domicile of the final consumer will be competent (Article 1469 Bis No. 19). For all others, the BERGAMO forum.