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TERMS AND CONDITIONS

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General conditions applied to online sale on the web site and pre-contractual information

The Purchaser expressly declares in advance that he/she is making the purchase for purposes unrelated to his/her commercial or professional activity.Identification of the seller The items subject to these general conditions are sold by Emme Lab di Sterlina Maura, VAT no. 03656620121.Art.1 - Definitions 1) The expression "online sales contract" means the sales contract relating to the seller's tangible movable asset, entered into between the seller and the purchaser within the framework of a distance sales system using telematic tools, organised by the seller. 2) The term "Purchaser" means the consumer who is a natural person and who makes the purchase, as referred to in this contract, for purposes that cannot be attributed to his or her commercial or professional activity. 3) The expression "seller" means the subject indicated in the inscription or the subject providing information services.Art. 2 - Object of the contract 1) With the present contract,respectively, the seller sells and the purchaser purchases at a distance by telematic tools the tangible movable items indicated and offered for sale on the website www.emmelabtropea.com.Art. 3 - Methods of stipulation the contract 1) The contract between the seller and the purchaser is concluded exclusively via the Internet through the purchaser's access to the website www.emmelabtropea.com, where, following the procedures indicated, the purchaser will formalise the contract for the purchase of the items referred to in point 2.1 of the preceding article.Art.4 Conclusion and validity of the contract 1) The purchase contract is concluded by means of the exact completion of the request form and the consent to the purchase expressed by means of the subscription sent online, after viewing a printable web page summarising the order, in which the details of the seller and the purchaser, the price of the items purchased, the shipping costs and any additional charges, the payment and terms methods, the address where the items will be delivered, the delivery times and the existence of the right of withdrawal are indicated. 2) When the seller receives the order from the purchaser, he/she sends a confirmation e-mail or displays a printable web page confirming and summarising the order, which also contains the data referred to in the previous point. 3) The contract shall not be deemed to be concluded and effective between the parties if the provisions of the previous point are not complied with.Art.5 Payment and refund methods 1) All payments by the purchaser may only be made by one of the methods indicated on the seller's web page. 2) Any refund to the purchaser will be credited by the same method of payment used at the time of purchase, in a timely manner and, in the event of the purchaser exercising his right of withdrawal, within a maximum of 30 days from the date on which the seller became aware of the withdrawal. 3) All communications relating to payments take place on a special line of the seller protected by an encryption system. The seller guarantees the memorisation of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.Art.6 - Delivery times and methods 1) The seller will deliver the items selected and ordered, according to the methods indicated on the website and confirmed in the email referred to in point 4.2. 2) The shipping methods and times are clearly indicated in the "Shipping and Returns" section, the shipping costs are calculated during the purchase process.Art.7 - Prices 1) All sales prices of the items displayed and indicated on the website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code. 2) The sales prices referred to in the previous point, are inclusive of VAT and any other tax. 3) The prices indicated in correspondence with each of the items offered to the public are valid until the date indicated in the catalogue.Art.8 - Limitations of liability 1) The seller shall not be held liable for any inefficiency due to force majeure in the event that it is unable to execute the order within the time provided for in the contract. 2) The seller shall not be held liable to the purchaser, except in the case of fraud or negligence, for inefficiencies or malfunctions related to the use of the Internet beyond his/her control or that of his/her suppliers. 3) Furthermore, the seller shall not be liable for any damages, losses and costs incurred by the buyer as a result of the non-performance of the contract for reasons not attributable to him/her. 4) The seller assumes no liability for any fraudulent or illegal use that may be made by third parties, of credit cards and other means of payment, for the purchase of items, if he/she proves that he/she has taken all possible precautions based on the experience of the moment and on ordinary diligence. 5) In no case may the purchaser be held responsible for delays or mistakes in payment if he/she can prove that he/she has made the payment within the time and in the manner indicated by the seller.Art. 9 - Obligations of the buyer 1) The purchaser undertakes to pay the price of the items purchased in the time and manner indicated in the contract. 2) The information contained in this contract has, moreover, already been viewed and accepted by the purchaser, who acknowledges this, as this step is made compulsory prior to the confirmation of purchase.Art.10 - Right of withdrawal 1) In any case, the purchaser has the right to withdraw from the contract stipulated, without penalty and without specifying the reason, within 14 working days, starting from the day of the delivery of the items purchased, according to the methods indicated in the "Returns" section. 2) After the receiving of the notice by which the purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions on the right of withdrawal.Art.11 - Causes of withdrawal 1) The obligations referred to in point 10.1, assumed by the buyer, as well as the guarantee of the successful completion of the payment that the buyer makes with the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the seller in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, unless caused by force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a legal ruling.Art. 12 - Protection of confidentiality and processing of the buyer's data 1) The seller protects the privacy of his/her customers and guarantees that the processing of data complies with the provisions of the General Data Protection Regulation (GDPR) in force since 25 May 2018 and previous legislation (Legislative Decree No. 196 of 30 June 2003). 2) The personal and fiscal data acquired directly and/or through third parties by the seller, the data controller, are collected and processed in telematic form, in relation to the processing methods with the aim of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow for the effective management of commercial relations to the extent necessary to best carry out the service requested (art.24, paragraph 1, letter b, legislative decree 196/2003) 3) The seller undertakes to examinate the data and information transmitted by the purchaser with confidentiality and not to reveal them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. This data may only be disclosed at the request of the judicial authorities or other authorities authorised by law. 4) Personal data shall be communicated, subject to the signing of a confidentiality agreement, only to people delegated to carry out the activities necessary for the execution of the contract (e.g.: courier) and communicated exclusively for this purpose. 5) The communication of personal data by the purchaser is a necessary condition for the correct and timely execution of this contract. If this is not the case, the purchaser's request cannot be processed. 6) The holder of the collection and processing of personal data is the seller, to whom the purchaser may address any requests by e-mail to maura.emmelab@gmail.com. 7) If you are resident in the EEA, you have the following data protection rights: 12 12.7 If you wish to correct, update or request deletion of your personal information, you may do so at any time by sending an email to maura.emmelab@gmail.com 8) In addition, you can object to the processing of your personal information or request the portability of your personal information. Again, you can exercise these rights by sending an email to maura.emmelab@gmail.com. 9) You have the right to refuse marketing communications. You can exercise this right by clicking on the appropriate unsubscribe link in the marketing emails we send you. To opt out of other forms of marketing, please contact us at the following email address: maura.emmelab@gmail.comArt. 13 - Communications and complaints 1) Written communications addressed to the seller and any complaints shall only be considered valid if they are sent by e-mail to the following address: maura.emmelab@gmail.com. The purchaser shall indicate on the registration form his/her permanent address or domicile, the telephone number or e-mail address to which he/she wishes the seller's communications to be sent.Art. 14 - Settlement of disputes 1) All disputes arising from this contract shall be referred to the Chamber of Commerce of Varese and settled in accordance with the Conciliation Rules adopted by the same. 2) If the parties intend to take recourse to the ordinary judicial authorities, the competent Court shall be that of the purchaser's place of residence or elective domicile, which is mandatory pursuant to art. 33, paragraph 2, letter u of Legislative Decree 206/2005.Art. 15 - Applicable law and reference 1) This agreement shall be governed by Italian law.[/ld_header_column_text]
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TERMS AND CONDITIONS

General conditions applied to online sale on the web site and pre-contractual information

The Purchaser expressly declares in advance that he/she is making the purchase for purposes unrelated to his/her commercial or professional activity.

Identification of the seller
The items subject to these general conditions are sold by Emme Lab di Sterlina Maura, VAT no. 03656620121.

Art.1 – Definitions
1) The expression “online sales contract” means the sales contract relating to the seller’s tangible movable asset, entered into between the seller and the purchaser within the framework of a distance sales system using telematic tools, organised by the seller.
2) The term “Purchaser” means the consumer who is a natural person and who makes the purchase, as referred to in this contract, for purposes that cannot be attributed to his or her commercial or professional activity.
3) The expression “seller” means the subject indicated in the inscription or the subject providing information services.

Art. 2 – Object of the contract
1) With the present contract,respectively, the seller sells and the purchaser purchases at a distance by telematic tools the tangible movable items indicated and offered for sale on the website www.emmelabtropea.com.

Art. 3 – Methods of stipulation the contract
1) The contract between the seller and the purchaser is concluded exclusively via the Internet through the purchaser’s access to the website www.emmelabtropea.com, where, following the procedures indicated, the purchaser will formalise the contract for the purchase of the items referred to in point 2.1 of the preceding article.

Art.4 Conclusion and validity of the contract
1) The purchase contract is concluded by means of the exact completion of the request form and the consent to the purchase expressed by means of the subscription sent online, after viewing a printable web page summarising the order, in which the details of the seller and the purchaser, the price of the items purchased, the shipping costs and any additional charges, the payment and terms methods, the address where the items will be delivered, the delivery times and the existence of the right of withdrawal are indicated.
2) When the seller receives the order from the purchaser, he/she sends a confirmation e-mail or displays a printable web page confirming and summarising the order, which also contains the data referred to in the previous point.
3) The contract shall not be deemed to be concluded and effective between the parties if the provisions of the previous point are not complied with.

Art.5 Payment and refund methods
1) All payments by the purchaser may only be made by one of the methods indicated on the seller’s web page.
2) Any refund to the purchaser will be credited by the same method of payment used at the time of purchase, in a timely manner and, in the event of the purchaser exercising his right of withdrawal, within a maximum of 30 days from the date on which the seller became aware of the withdrawal.
3) All communications relating to payments take place on a special line of the seller protected by an encryption system. The seller guarantees the memorisation of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.

Art.6 – Delivery times and methods
1) The seller will deliver the items selected and ordered, according to the methods indicated on the website and confirmed in the email referred to in point 4.2.
2) The shipping methods and times are clearly indicated in the “Shipping and Returns” section, the shipping costs are calculated during the purchase process.

Art.7 – Prices
1) All sales prices of the items displayed and indicated on the website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
2) The sales prices referred to in the previous point, are inclusive of VAT and any other tax.
3) The prices indicated in correspondence with each of the items offered to the public are valid until the date indicated in the catalogue.

Art.8 – Limitations of liability
1) The seller shall not be held liable for any inefficiency due to force majeure in the event that it is unable to execute the order within the time provided for in the contract.
2) The seller shall not be held liable to the purchaser, except in the case of fraud or negligence, for inefficiencies or malfunctions related to the use of the Internet beyond his/her control or that of his/her suppliers.
3) Furthermore, the seller shall not be liable for any damages, losses and costs incurred by the buyer as a result of the non-performance of the contract for reasons not attributable to him/her.
4) The seller assumes no liability for any fraudulent or illegal use that may be made by third parties, of credit cards and other means of payment, for the purchase of items, if he/she proves that he/she has taken all possible precautions based on the experience of the moment and on ordinary diligence.
5) In no case may the purchaser be held responsible for delays or mistakes in payment if he/she can prove that he/she has made the payment within the time and in the manner indicated by the seller.

Art. 9 – Obligations of the buyer
1) The purchaser undertakes to pay the price of the items purchased in the time and manner indicated in the contract.
2) The information contained in this contract has, moreover, already been viewed and accepted by the purchaser, who acknowledges this, as this step is made compulsory prior to the confirmation of purchase.

Art.10 – Right of withdrawal
1) In any case, the purchaser has the right to withdraw from the contract stipulated, without penalty and without specifying the reason, within 14 working days, starting from the day of the delivery of the items purchased, according to the methods indicated in the “Returns” section.
2) After the receiving of the notice by which the purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions on the right of withdrawal.

Art.11 – Causes of withdrawal
1) The obligations referred to in point 10.1, assumed by the buyer, as well as the guarantee of the successful completion of the payment that the buyer makes with the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the seller in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, unless caused by force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a legal ruling.

Art. 12 – Protection of confidentiality and processing of the buyer’s data
1) The seller protects the privacy of his/her customers and guarantees that the processing of data complies with the provisions of the General Data Protection Regulation (GDPR) in force since 25 May 2018 and previous legislation (Legislative Decree No. 196 of 30 June 2003).
2) The personal and fiscal data acquired directly and/or through third parties by the seller, the data controller, are collected and processed in telematic form, in relation to the processing methods with the aim of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow for the effective management of commercial relations to the extent necessary to best carry out the service requested (art.24, paragraph 1, letter b, legislative decree 196/2003)
3) The seller undertakes to examinate the data and information transmitted by the purchaser with confidentiality and not to reveal them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. This data may only be disclosed at the request of the judicial authorities or other authorities authorised by law.
4) Personal data shall be communicated, subject to the signing of a confidentiality agreement, only to people delegated to carry out the activities necessary for the execution of the contract (e.g.: courier) and communicated exclusively for this purpose.
5) The communication of personal data by the purchaser is a necessary condition for the correct and timely execution of this contract. If this is not the case, the purchaser’s request cannot be processed.
6) The holder of the collection and processing of personal data is the seller, to whom the purchaser may address any requests by e-mail to maura.emmelab@gmail.com.
7) If you are resident in the EEA, you have the following data protection rights:
12 12.7 If you wish to correct, update or request deletion of your personal information, you may do so at any time by sending an email to maura.emmelab@gmail.com
8) In addition, you can object to the processing of your personal information or request the portability of your personal information. Again, you can exercise these rights by sending an email to maura.emmelab@gmail.com.
9) You have the right to refuse marketing communications. You can exercise this right by clicking on the appropriate unsubscribe link in the marketing emails we send you. To opt out of other forms of marketing, please contact us at the following email address: maura.emmelab@gmail.com

Art. 13 – Communications and complaints
1) Written communications addressed to the seller and any complaints shall only be considered valid if they are sent by e-mail to the following address: maura.emmelab@gmail.com. The purchaser shall indicate on the registration form his/her permanent address or domicile, the telephone number or e-mail address to which he/she wishes the seller’s communications to be sent.

Art. 14 – Settlement of disputes
1) All disputes arising from this contract shall be referred to the Chamber of Commerce of Varese and settled in accordance with the Conciliation Rules adopted by the same.
2) If the parties intend to take recourse to the ordinary judicial authorities, the competent Court shall be that of the purchaser’s place of residence or elective domicile, which is mandatory pursuant to art. 33, paragraph 2, letter u of Legislative Decree 206/2005.

Art. 15 – Applicable law and reference
1) This agreement shall be governed by Italian law.