1. GENERALI provisions
The present general conditions of sale (hereinafter referred to as "General Conditions") apply to all product sales (hereinafter referred to as "Products" or "Product") purchased through the internet site www.emeli.it (hereinafter referred to as "Site").
The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (hereinafter referred to as "Customers" or the "Customer"), intended as natural persons acting for purposes unrelated to their business, business or professional activity possibly carried out.
The language available to conclude the contract is Italian.
The Customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to enable it to be stored and reproduced by the Customer within the meaning of art. 12 of the Legislative Decree April 9, 2003, no. 70.
The contracts concluded with EMELI (as defined below) through the Site are governed by the Italian law and, in particular, by the Legislative Decree September 6, 2005, no. 206 ("The Code of Consumption") and the Legislative Decree April 9, 2003, no. 70 (hereinafter referred to as "E-commerce Decree").
2. IDENTIFICATION OF THE SELLER
The seller is :
ENLI BAHAR Via Costa, 2 Roncà 37030 Verona Italy
tel. +39 3475585356
P. iva 04532740232
3. RELATED AI PRODUCTS
Information relating to Products susceptible to distance selling through the e-commerce Site, are available, with their product codes, on the Site. The said information shall be provided in accordance with Articles 52 and 53 of the Code of Consumption.
The prices of the products are understood to include all taxes and taxes. All prices are expressed in Euro. The shipping charges shall be borne by the customer, except for any promotions in progress.
5. ORDER OF PRODUCTS
The essential features and prices of Products are reported in the offer for each Product.
Before submitting your purchase order the Customer will have the opportunity to correct any error of entering the data by following the appropriate modification procedure contained in the Site. In particular, the Customer has the discretion to change the quantity of the Products it intends to purchase, adding or deleting one or more Products from the "cart".
With the sending of the order, the Customer acknowledges and declares that he has taken a view of all the particulars provided to him during the purchase procedure and to accept the General Conditions in full.
The Customer will have the opportunity to visit and follow the status of his order through the "My Orders" area of your account.
EMELI reserves the ability to assess the acceptance of the orders received. EMELI will notify the Customer of any impossibility of accepting orders received within 30 days of the day following that in which the Customer transmitted the order to EMELI and will receive reimbursement of the sums possibly already paid by the Customer for the payment of the supply.
6. MODE OF PAYMENT
The Customer will be able to make payment of the price of Products and their delivery expenses by means of PayPal, by means of BonTransfer Banking or marking the delivery.
The transaction will be debited on the Customer's credit card only after that :
a) credit card data has been verified,
b) has been received the charge of debit by the issuing corporation the credit card used by the Customer and
c) the availability of the Product by EMELI has been confirmed.
EMELI also accepts payments made in the middle of Bonsubsidy Banking. Any bank charges will be borne by the Customer.
In the event that, for any reason, the debit of the amounts owed by the Customer proves impossible, the sale process is automatically cancelled and the sale automatically deleted.
7. CONFIRMATION OF RECEIPT OF ORDER
In accordance with the provisions of art. 53 of the Code of Consumption, the Customer receives, at the time of the performance of the contract, by means of e-mail, the confirmation of receipt of the purchase order sent by the Customer, containing a summary of the General Conditions, the essential characteristics of the ordered product, its price, the amount paid, the existence of the right of withdrawal-with the indication of the timing and arrangements for the return of the benefit-of the geographical address to present any complaints and information on the existing assistance services and trade guarantees.
8. INEFFECTIVENESS OF THE ORDER
No contract must be concluded between EMELI and the Customer where EMELI has reasonable grounds to believe that the Customer does not operate on the basis of an effective and genuine interest in the purchase of the ordered products, or abusively exercises the right of withdrawal recognised by the art.12 following. In such cases, the order submitted by the Customer must intend to be void of any effectiveness. EMELI will transmit to the Customer, by means of e-mail, a communication confirming the failure to conclude the Contract, while also treating the cancellation of any charge and / or expense borne by the Customer.
9. TRANSPORT AND DELIVERY
Products purchased on the Site will be delivered to the address indicated by the Customer. The Customer has in any case the faculty to request the delivery of the products to a natural person of his or her choice, whose residence or domicile is located within the Italian territory. At the time of delivery you will need the signature of an older adult of years 18. No deliveries will be made to mailboxes.
For any order made on the Site, EMELI issues invoice of the shipped merchandise, sending it by e-mail or mail to the nominee of the order, pursuant to D.P.R. 445/2000 and D. Lgs. 52/2004. For the issuance of the invoice, the information provided by the Customer to the act of the order shall be authentic. No change in invoice will be possible, after the issuance of the same.
Delivery expenses are borne by the Customer and are distinctly evidenced in the order form.
All purchases will be delivered by express courier chosen by the Customer in the process of purchase between those proposed by EMELI (hereinafter referred to as "Corriere") from Monday to Friday, excluding public holidays and national holidays. EMELI is not responsible for unpredictable delays.
EMELI will send to the Customer a confirmation e-mail once you have shipped the Products. In any case, except for cases of force majeure or fortuitous case, in accordance with the Code of Consumption the Products will be delivered within a maximum period of 30 (thirty) days from the day following that in which the Customer transmitted the order to EMELI, except that EMELI does not communicate-within the same period, by e-mail-the impossibility of delivering the goods ordered as a result of the unavailability, even temporary, of the Products. In the event of such communication, EMELI will provide reimbursement of the sums possibly already paid by the Customer for the payment of the supply. In the event that, in the face of EMELI's communication of a delay on the date of delivery, the Customer wishes to cancel the Order, the eventual amount already paid by it will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the day following the one in which the Customer transmitted the order to EMELI.
For the delivery of the merchandise the presence of the Customer or his / her assigned to the address of the consignee indicated in the order is necessary. At the time of delivery of the merchandise by the Corriere, the Customer is required to check that the number of packages on delivery corresponds to the transport document and that the parcel is intact or unaffected. Any damage to the package and / or to the Products or failure to match the number of packages shall be immediately contested through a written control reserve on the Corriere's proof of delivery. Once the document of the Corriere has been signed, the Customer will not be able to oppose any contestation about the exterior features as much as the parcel delivered.
10. RIGHT OF WITHDRAWAL
Under the New European Directive 2011 /83/CE on the Rights of Consumers (CDR), the customer, is entitled to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
To exercise this right, the customer will have to send to EMELI a communication within 14 working days from the date of receipt of the merchandise. This communication will have to be sent to a half letter recommended with acknowledgement of receipt, addressed to :
EMELI Via Costa 2 Roncà, 37030 (VR) Ovtrue by telegram sent always within the aforementioned 14-day deadline and followed by a confirmation by means of a registered letter with acknowledgement of receipt. Once you have lost us the aforementioned recessed communication, the Customer Service of emeli.it will arrange to notify the customer of instructions on how to return the merchandise that will have to arrive at our warehouses within 14 days of the authorization.
The right of withdrawal is nevertheless subjected to the following conditions :
1. The right applies to the product purchased in its entirety ; it is not possible to exercise recess only on part of the product purchased.
2. As a rule of law, the shipping charges relating to the return of the good shall be borne by the customer.
3. The shipment, until the attestation of receipt of receipt in our warehouse, is under the complete responsibility of the customer.
4. EMELI does not respond in any way for any damage or theft / loss of goods returned with uninsured shipments.
5. In the event of damage to the good during transport, EMELI will give communication to the customer of the incident (within 5 working days of receipt of the good in its own warehouses), to allow him to press charges against the courier chosen by him and obtain reimbursement of the value of the good (if insured). In this eventuality, the product will be made available to the customer for restitution at the same time by cancelling the request for withdrawal.
EMELI will reimburse to the customer the full amount already paid, within 30 days of the return of the merchandise, through a reversal procedure of the amount charged on the Credit Card or by means of Bonising Banking. In the latter case, it will be the customer's care to provide the banking coordinates on which to obtain the refund (Cod. ABI-CAB-Current Account of the invoice nominee).
The right of withdrawal lapses totally, for lack of the essential condition of integrity of the good (pack and / or its contents), in cases in which EMELI ascertained :
A. The lack of the outer packaging and / or the casing containing the product purchased.
B. The damage of the product for causes other than its transport.
In the case of decadence of the right of withdrawal, EMELI will arrange to return the purchased property to the sender by debuting the shipping expenses to the same.
11. PRODUCT SUBSTITUTION
EMELI intends to provide Customers with the possibility to replace the Products purchased through the Site.
To obtain the replacement of a Product you must follow the procedure below.
The Customer who is not fully satisfied will have to keep all the documentation relating to the delivery and the Product itself in its original packaging and immediately contact EMELI by e-mail to the following address : email@example.com
The Product to be replaced will have to arrive, in the normal state of conservation, at the following address : Via Costa 2 Roncà, 37030 (VR). The evasion of the new order is subject to the availability of the Products required.
The shipping charges related to the return of the Product shall be borne by the Customer.
The replacement Product will be sent to the Customer by means of a courier without the charge of additional shipping costs.
12. COMPLIANCE DEFECTS
In case of product compliance flaws sold by EMELI via www.emeli.it, the Customer will have to contact immediately at e-mail address firstname.lastname@example.org
To the sale of the Products, the legal guarantees provided for in Articles 129, 130 and 132 of the Code of Consumption shall apply. The Customer is entitled to the restoration, without charge, of the conformity of the good through repair or replacement or to an adequate reduction in the price or termination of the contract. The Customer shall lapse from those rights, if it does not report to EMELI the compliance defect within the two-month period from the date on which it discovered the defect. The direct action to assert the defects not obscured by EMELI is prescribed, in any case, in the term of twenty-six months after the delivery of the good.
Information about the Products provided on the Site is constantly updated. It is, however, not possible to ensure the complete absence of errors.
EMELI reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update the information at any time without prior communication.
14. APPLICABLE LAW AND COMPETENT FORUM
These General Conditions are regulated by Italian law and must be construed in accordance with Italian laws.
For disputes arising from the interpretation, validity and / or execution, of these General Conditions the inderogable territorial jurisdiction will be that of the forum of Verona.
For more information please write to the following e-mail address : email@example.com