Terms and conditions
General conditions applied to online sales on the site www.carolinaemme.com and pre-contractual information.
The Buyer expressly and preliminarily declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
The goods covered by these general conditions are offered for sale by Carolina Emme di Carolina Angius, Vico la Vega 2 09127 Cagliari (CA) VAT number 01458820915
1.1. The expression "online sales contract" means the sales contract relating to the Seller's movable tangible assets, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by the Seller .
1.2. The term "Buyer" means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression "Seller" means the person indicated in the epigraph or the person providing the information services.
Object of the contract
2.1. With this contract, respectively, the Seller sells and the Buyer remotely purchases the movable tangible goods indicated and offered for sale on the website www.carolinaemme.com via telematic tools.
How to stipulate the contract
3.1. The contract between the seller and the Buyer is concluded exclusively through the Internet by accessing the Buyer at www.carolinaemme.com, where, following the procedures indicated, the Buyer will formalize the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online, after viewing a web page summarizing the order, printable, in which the details are reported of the purchaser and of the order, the price of the purchased goods, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Seller receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Methods of payment and refund
5.1. Any payment by the Buyer can only be made by means of one of the methods indicated in the appropriate web page by the Seller (credit card, Payal).
5.2. Any reimbursement to the Buyer will be credited through one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 et seq. of this contract, no later than 30 days from the date on which the Seller became aware of the withdrawal.
5.3. All communications relating to payments take place on a specific line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
Delivery times and methods
6.1. The Seller will deliver the selected and ordered products, in the manner indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.
6.2. Shipping methods, times and costs are clearly indicated and highlighted at the SHIPPING address.
7.1. All sales prices of the products displayed and indicated on the website www.carolinaemme.com they are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
7.2. The sale prices, referred to in the previous point, include VAT and any other tax. The shipping costs, if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Buyer and are contained in the summary web page of the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
7.4 Any additional costs (eg customs costs), cannot be calculated at the time of the order and are always to be borne by the Buyer. In no case can the Seller be held responsible for the ancillary costs.
7.5 All promotions and discount coupons offered cannot be combined.
Limitation of Liability
8.1. The Seller assumes no responsibility for disservices attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
8.2. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its suppliers.
8.3. Furthermore, the Seller will not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid but not of any ancillary charges incurred.
8.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the purchased products, if it proves that it has taken all precautions. possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
8.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Seller.
Obligations of the Buyer
9.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
9.2. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.
Right of withdrawal
10.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 10 (ten) working days, starting from the day of receipt of the purchased good.
10.2. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by e-mail to the e-mail address email@example.com within the following 48 (forty-eight) hours.
10.3. The return of the goods must in any case take place at the latest within 10 (ten) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
10.4. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller.
10.5. The Supplier will refund the entire amount paid by the Buyer within 30 (thirty) days of receipt of the notice of withdrawal.
The monetary reimbursement of the product is however to be considered possible only in the case of products ready for delivery or defects and damage to the item attributable to the Seller.
All other refunds will be issued via coupons of the same amount spent by the Buyer, which can be spent on the Carolina Emme online shop (shipping costs excluded).
10.6. With the receipt of the communication with 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 of the previous points of this article.
10.7 Refunds via discount coupons are to be considered valid for a maximum of 365 days from the time of the return / refund communication. However, they CANNOT be combined with other promotions in progress.
Causes for Resolution
11.1. 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 fulfillment of the obligations assumed by the Seller in point 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial decision.
Protection of confidentiality and processing of the Buyer's data
12.1. The Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003, n. 196.
12.2. The personal and fiscal data acquired directly and / or through third parties by the Seller, the data controller, are collected and processed electronically, in relation to the processing methods with the aim of registering the order and activating the procedures for it to the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, legislative decree 196/2003).
12.3. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorities authorized by law.
12.4. Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract (example: courier) and communicated exclusively for this purpose.
12.5. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request cannot be processed.
12.6. The owner of the collection and processing of personal data is the Seller, to whom the Buyer can address any request at the headquarters.
Communications and complaints
13.1. Written communications directed to the Seller and any complaints will be considered valid only if sent by e-mail to the following address firstname.lastname@example.org. The Buyer indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Seller's communications to be sent.
Settlement of disputes
14.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Cagliari and resolved according to the Conciliation Regulations adopted by the same.
14.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Purchaser, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Applicable law and referral
15.1. This contract is regulated by the Italian law.
Form for exercising the right of withdrawal
Model withdrawal form
pursuant to article 49, paragraph 1, lett. h) of the Legislative Decree n. 21 of 2014
(complete and return this form only if you wish to withdraw from the contract)
Hereby I_________________________ notify the withdrawal from the sales contract relating to the purchased good: __________________
Buyer details: ___________________