1. ONLINE SELLING CONTRACT
Online selling contract means a distance contract between a store, EMERA DESIGN SRL based in BERGAMO – LARGO PORTA NUOVA 14, and a consumer using the internet. All contracts will be closed directly by the user access to website WWW.EMERA-DESIGN.COM, where the client will finalize the online purchase of goods. It’s assumed that the final user is the person that is buying service or goods, not for his professional activity. Here follow all the conditions that will be valid until changed by the supplier. Any change of conditions of sale will be effective from the time they are published on the website and will refer to sales made from that moment onwards.
2. SELLS PRICES AND PURCHASE TERMS
All goods prices, that are a consumer offer according to article 1336 c.c., including Italian taxes. Any shipping cost will be shown on the website and the client has to check it before buying. For foreign delivery, other additional costs provided by the destination State will be paid by the customer. The purchase contract is concluded through providing and the expressed agreement of personal data managing.
The estimated delivery is in 10 working days.
3. BUYER’S DUTIES
The client, after online order closing, has to print and save this general purchase conditions that he has also accepted in buying procedure, as well as the specific characteristics of the purchased product, according to art. 3 and 4 of the Italian Decree. Legisl. n. 185/1999. It is strictly prohibited to provide false data during the registration process required for execution of this contract and all subsequent communications. The personal data and e-mail address must be real data and not some of another person. It is expressly forbidden to make double entries for a single person or enter data of third parties. The company reserves the right to prosecute any violation or abuse, and for the protection of all consumers.
4. RIGHT OF WITHDRAWAL AND COMPLAINTS
Consumers who, for whatever reason, are not satisfied with his purchase could cancel it without penalty and without specifying the reason within the term of 10 working days from the conclusion of the contract. The withdrawal must be expressed by sending an e-mail to firstname.lastname@example.org and an official communication to EMERA DESIGN SRL – LARGO PORTA NUOVA 14, 24122 BERGAMO – ITALY. The consumer can’t exercise this right of withdrawal for made to measure product or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly. Within the stipulated period of 10 days, must be returned to the sender all purchased goods intact and in their original packaging. Return costs will be paid by the customer. After the withdrawal request and the goods delivering will forward a voucher for the full amount paid by the consumer with a 60 days validity.
According to the Directive approved with Regulation 524/2013 / EU by the European Commission, any complaints may be reported in the ODR website.
5. CONTRACT RESOLUTION
EMERA DESIGN SRL has the right to terminate the contract of sale providing by written notice to the customer for justified reasons. In this case, the customer will only be entitled to a refund of the amount already paid.
6. JURISDICTION AND VENUE
Any dispute relating to the application, execution, interpretation, and breach of online purchase contracts in WWW.EMERA-DESIGN.COM is subject to Italian jurisdiction. These conditions are reported according to Legislative Decree No. 50 of 15.1.1992 and Legislative Decree No. 185 of 22.5.1999. Any dispute between suppliers and customer, relating to this contract, will be a competence of the court of customer’s residence or elective domicile (Art. 1469 Bis N. 19). For all other forums will be a competence of BERGAMO court.