Art.1)Object
These General Terms and Conditions (hereinafter referred to as General Terms and Conditions) have as their object the sale of products made remotely through a telematic network on the website www.emthangkaart.com belonging to Elisa Macci with headquarters in Italy, Via G.Mezzofanti 2 – 40137 Bologna BO. The products purchased on the website www.emthangkaart.com are sold directly by Elisa Macci. These purchases are reserved for direct customers. Elisa Macci reserves the right to modify these General Conditions at any time by giving prior notice to the Customer on the Site at the first access after the modification of the General Conditions. Any contractual and extra-contractual liability of Elisa Macci is excluded for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order by Elisa Macci.
Art. 2) Subjects
Supplier: Elisa Macci, via G.Mezzofanti 2 – 40137 Bologna BO
Customer: the person identified by the data entered when filling in and sending the order form in electronic format with simultaneous acceptance of these General Conditions (hereinafter Customer).
It is strictly forbidden for the Customer to insert false and/or invented and/or fictional names in the on-line order procedure and in further communications. Elisa Macci reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. The Customer, moreover, indemnifies Elisa Macci from any responsibility deriving from the issue of incorrect tax documents due to errors in the data provided by the customer, being the customer itself solely responsible for the correct insertion.
Art. 3) Buying and selling On-line
For online sales contract means the distance contract and that is the legal transaction concerning the sale of movable goods (hereinafter referred to as Products) entered into between Elisa Macci and the Customer within a distance sales system organized by Elisa Macci that, for such to be used in the case of any communication. The message will report the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. It remains the possibility for Elisa Macci, before sending the order confirmation, to request further information to the Customer via e-mail with reference to the purchase order made on the Site.
Art. 4) Unavailability of Products
Elisa Macci will inform the e-mail address indicated of the availability of the products ordered and the relative delivery times. In case of prolonged unavailability of the ordered Products, which occurs after the order confirmation on the
Site by the Customer, Elisa Macci will immediately inform the e-mail address indicated by the Customer at the time of registration, updating the waiting time and, if requested by the Customer, will im
mediately cancel the payment if already made.
Art. 5) Acceptance of the Conditions of Sale
The Customer, by sending electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe in his relations with Elisa Macci, the General Terms and Conditions of payment described herein, declaring that he has read and accepted all the information provided to him, also noting that Elisa Macci itself is not bound to different conditions unless previously agreed in writing.
Art. 6) Sale Prices
Unless otherwise specified in writing, all prices indicated in the Product sheet are to be considered VAT included and expressed in Euro. The prices indicated exclude the shipping price, which will be calculated by the system according to the country where the product will be shipped. The validity of the prices indicated is always and only that indicated by the procedure (product sheet) at the same time of the order to the supplier. Prices may vary without notice. It will be the responsibility of Elisa Macci to update the product sheet. The only correct price is to be understood that one indicated at the moment of the reception of the confirmation of the order from Elisa Macci. contract, employs the technology of communication to distance called Internet. These contracts, therefore, will be concluded directly through the access by the Customer to the Internet Site corresponding to the address www.emthangkaart.com, where, following the procedures indicated, will conclude the contract for the purchase of the goods. For each of the products is available on the Site a Data Sheet containing the main characteristics. It is understood that the image accompanying the Technical Data Sheet describing the Product may not be perfectly representative of its characteristics. The data sheets relating to the Products are, in fact, freely consultable. In order to complete the purchase procedure of the Products, the Customer must enter the data required in the procedure. The aforementioned data are subject to the provisions of Legislative Decree no. 196 of 30 June 2003, regarding the Protection of persons and other subjects regarding the processing of personal data (as indicated on the appropriate web page) Privacy. The Customer may only purchase the Products offered on the Site, at the price in Euro indicated therein, following the procedure indicated on the Site itself. The correct receipt of the order is confirmed by Elisa Macci through a reply by e-mail, sent to the e-mail address communicated by the Customer. This confirmation message will contain an order number to be used in case of any communication. The message will report the data entered by the Customer who undertakes to verify the correctness and to promptly communicate any corrections. It remains the possibility for Elisa Macci, before sending the order confirmation, to request further information to the Customer via e-mail with reference to the purchase order made on the Site.
Art. 7) Methods of Payment
The payment of the Products purchased by the Customer as well as the related delivery costs can only be made in the following ways:
– Credit Cards : VISA , MASTERCARD, AMERICA EXPRESS,
– PAYPAL
– Advance bank transfer made out to Elisa Macci: POSTE ITALIANE
IBAN code: IT66 K076 0105 1382 1629 0016 294 Bic swift: PPAYITR1XXX
When paying by Pay Pal or credit card it is necessary to make sure that the amount delivered to Elisa Macci is the one indicated in the final cost at the time of order. Any additional costs provided by the service, deductions, and costs related to currency exchange are to be considered at the expense of the customer. Elisa Macci must receive the final amount in Euro (including the shipping cost) indicated in full.
Art.8)Delivery Modality
The purchased products will be delivered by Elisa Macci to the address indicated by the Customer.
Each shipment contains the products ordered. Elisa Macci makes shipments to the Customer with selected express couriers. The shipping price will be calculated by the system at the time of order. Elisa Macci does not assume responsibility for any additional costs and customs charges provided during delivery from the country where the product is delivered. Indicatively, without any constraint for Elisa Macci and subject to the availability of the products in addition to any force majeure, the goods will be delivered Elisa Macci to the courier within seven working days after acceptance of the order by Elisa Macci. In case of need of longer time by Elisa Macci the same will give immediate notice to the Customer,
Elisa Macci does not assume responsibility in case of non-delivery due to incorrect deliveries provided by the Customer.
Art. 9) Invoicing
It is necessary to indicate the invoice request at the time of purchase. For the issuance of the invoice, the information provided by the Customer at the time of the order will be used. After the issuance of the invoice, it will not be possible to make any changes to the data indicated in the same.
Art. 10) Responsibility
Elisa Macci shall not be liable, except in cases of willful misconduct or gross negligence, for direct, indirect or consequential damages not foreseeable at the date of signing of these General Conditions, suffered by the Customer or third parties as a result of the services rendered by the same and/or for damages of any kind or for any reason connected with the same, arising from any breach of its obligations, even in the event of compensation for damages claimed by third parties for any reason. The Customer expressly acknowledges that Elisa Macci’s liability for any failure to perform the services referred to in the preceding point is limited to, and shall in no case exceed, the amounts received by the same and paid by the Customer in relation to the performance of the individual services to which the liability refers. Any greater damage, loss, cost or expense is expressly excluded. Elisa Macci’s liability is excluded for any disservice and/or prejudice that may arise to the Customer from causes not attributable to the same or, in any case, from delays due to malfunction, failure or irregular transmission of information or causes beyond its control including, without limitation, delays or line drops in the system, interruption in the operation or lack of connection to the Internet network or interruption, suspension, malfunctioning of Internet access nodes, interruption, suspension or malfunctioning of the electronic, postal or electricity supply service; from lockouts or strikes also of its own personnel, wherever they occurred; from impediments or obstacles determined by legal provisions or acts of national or foreign authorities; from measures or acts of judicial nature or facts of third parties; from other causes not attributable to Elisa Macci and in general from any impediment or obstacle that cannot be overcome with criteria of ordinary diligence by Elisa Macci in relation to the nature of the activity carried out. Elisa Macci has the right to suspend and interrupt the connection service to the Site at any time for technical reasons, for reasons related to the efficiency and safety of the services themselves, as well as to suspend their operation for precautionary reasons, without Elisa Macci being held responsible for the consequences of any interruptions or suspensions. Elisa Macci is not responsible for any fraudulent or illegal use that may be made by third parties of the credit cards used by the Customer when purchasing the Products. Elisa Macci, in fact, at no time during the purchase procedure is able to know the Customer’s credit card number.
Art. 11) Product Warranty
The product will be accompanied by a short technical data sheet and signed on the back by Elisa Macci. The product itself must be used or stored correctly and with due diligence by the customer and that is to say in compliance with its destination and with the provisions of any technical documentation. Elisa Macci is not responsible in case of negligence or carelessness in the use and maintenance of the product. The shipment of the product without the original packaging and the above mentioned documentation is not Elisa Macci’s responsibility.
Art. 12) Right of Withdrawal
There is no return and refund for products and purchases mArt. 11) Garanzia dei Prodotti
Il prodotto verrà accompagnato da una breve scheda tecnica e firmato sul retro da Elisa Macci. Il prodotto stesso deve essere utilizzato o riposto correttamente e con la dovuta diligenza da parte del Cliente e cioè nel rispetto della sua destinazione e di quanto previsto nella eventuale documentazione tecnica. Elisa Macci non è responsabile in caso di negligenza o incuria nell’uso e nella manutenzione del prodotto. La spedizione del prodotto senza l’imballo originale e la documentazione di cui sopra non è responsabilità di Elisa Macci.
Art. 12) Right of Withdrawal
Purchases made on the site www.emthangaart.com are governed by Italian law on mail order sales. In case the customer has made a mistake in the order and received an item that he did not want, he has 10 (ten) days from the date of delivery to exercise the right of withdrawal, or the possibility to return the product. According to the art. 5 DL 185/1999, if the Customer is a consumer, i.e. a natural person who buys the goods for purposes not related to his professional activity has the right to withdraw from the purchase contract for any reason and consequently has the right to return the purchased goods and to obtain reimbursement of the expense incurred, in accordance with the procedures indicated below.
The right of withdrawal is subject to the following conditions:
– the right applies to the product in its entirety and not on parts or components of it
To exercise the right of withdrawal, the Customer, without explanation and without penalty, must send within 10 (ten) working days from the day of receipt of the goods, a notice indicating the willingness to withdraw from the contract. This communication must be sent to the attention of Elisa Macci by registered letter with return receipt, addressed to Elisa Macci Via Cartoleria 12 – 40124 Bologna, Italy (Headquarters). At the same time as sending the notice of withdrawal, the Customer must take steps to return the goods to Elisa Macci using a courier of his choice, at the above mentioned address, with attached copy of the above mentioned registered letter. The goods must be returned intact and carefully packed in the original packaging, complete with all accessories. According to the law, the shipping costs related to the return of the good are at the expense of the Customer. In the case of several goods related to the same order, in relation to which the Customer has exercised the right of withdrawal, the same must be sent to Elisa Macci with a single shipment. Elisa Macci is not responsible in any way for damage or theft/loss of goods returned with uninsured shipments. Elisa Macci will refund the price of the goods for which the Customer has exercised the right of withdrawal on condition that, together with the goods, the copy of the order confirmation sent by Elisa Macci via e-mail (as indicated in art. 3 above) is returned. Without prejudice to any further expenses for the restoration of damages, Elisa Macci will refund the full amount paid by the Customer at the time of purchase of the goods, within 30 days from the date on which Elisa Macci became aware of the following
Art. 13) Information and Complaints
For any clarification or possible complaint, Elisa Macci can be contacted at the following e-mail address: HYPERLINK “mailto:info@emthangkaart.com”info@emthangkaart.com
Art. 14) Communications
The Customer acknowledges and accepts that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the ways and within the limits provided by the Site.
Art. 15) Cancellation of Orders by Elisa Macci
Elisa Macci reserves the right to cancel an order or an article of the order if the following circumstances occur:
– in case of total or partial non-receipt of payment by Elisa Macci.
– articles that for particular problems can not be delivered;
– credit card fraud.
Art. 16) Jurisdiction and Competent Court
This contract will be governed by Italian law. For any dispute concerning the validity, interpretation or execution of the same contract, the territorial jurisdiction is the Court of Bologna.
