Terms & Conditions
Date of publication on the website and coming into force 11/11/2015
Welcome to Emas Delima On-line Store, the official online Emas Delima store of Grab Utilities S.r.l., hereinafter the Website.
The access and use of the Website are activities regulated by these General Conditions of Use. The access and use of this Website, as well as the purchase of products, imply the reading, knowledge and acceptance of these General Conditions of Use, and General Sales Conditions. This Website is managed and maintained by Emas Delima Digital, with legal office in: Contrada Selva, 61 36054 Montebello Vicentino (VI) – ITALY phone: +39 0444 648763 P.IVA: 03364040240, hereinafter “TD”
The access and use of the Website, including the visualization of the web pages, communication with TD, possibility to download information on products and purchase of said products on the Website, constitute activities carried out by our users, exclusively for personal purposes and not related to any commercial, entrepreneurial and professional activity. By accessing the site, you will be the only one liable for the use of the Website and its contents. In fact, TD cannot be deemed liable for the use of the Website and its contents which is not compliant with applicable laws, by any of its users, granted TD’s liability for fraud and serious fault. In particular, you will be the only one liable for the communication of wrong, false information and data or relative to third parties, without their explicit consent, and for the improper use of said data.
In conclusion, since all the material will be downloaded or otherwise obtained through the use of a selected service at the user’s risk, any liability for possible damages to the computer systems or losses of data due to downloading operations, will be borne by the user and cannot be attributed to TD. TD declines any liability for possible damages due to the impossibility to access the services offered on the Website or possible damages caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of contents, problems related to the network, providers or telephone and/or telecommunication connections, non-authorized accesses, data alterations, lack and/or faulty operation of the user’s electronic devices.
The user is liable for the preservation and use his/her personal information properly, including the login information that allows to access reserved services, and for any detrimental consequence or prejudice derived to TD or third parties due to improper use, loss, or stealing of said information.
INTELLECTUAL PROPERTY RIGHTS
All the contents of the Website, in any format, published on the Website, including web pages, graphics, colors, schemes, tools, the characters and design of the Website, the diagrams, layouts, methods, processes, functions and software relative to the Website, are protected by copyright and any other intellectual property right boasted by Emas Delima. and by TD and other rights of proprietors. The reproduction of the Website and its contents, whether in full or in part, is prohibited in any form, without the explicit written approval of Emas Delima and TD. Emas Delima and TD boast the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any way or form, whether in full or in part, of the Website and its contents. With regards to the use of the Website, you are exclusively authorized to
(i) visualize the Website and its contents,
(ii) perform any other temporary reproduction activity which is not related to any personal economic purpose, considered provisional or additional, and integral and essential activity for the visualization of the Website and its contents, and
(iii) any other navigation activity on the Website, performed exclusively in view of a licit use of the same site and its contents.
Any additional reproduction activity shall be authorized by Emas Delima and TD from time to time or by the authors of the single works available on the Website, if needed. Said reproduction activities shall be anyhow performed for licit purposes and in compliance with copyrights and all the other intellectual property rights of Emas Delima and TD and authors of the single works available on the Website. The authors of the single works published on the Website boast the right to claim the legitimacy of their work at any time, and to oppose to any alteration, editing or any other change of the same works, including any act that may cause prejudice to the works, and be detrimental for their image and reputation. You agree to comply with the copyrights of the artists that chose to publish their works on the Website of that have collaborated with the latter, to the creation of new expressive and artistic forms destined to be published, even if not exclusively, on the Website or that form an integral part of it. Moreover, you are not authorized under any circumstance, to use the contents of the Website and any single work protected by copyright and any other intellectual property right, in any way or form. For example and not limitedly to, you cannot alter or anyhow, modify the protected contents and works without the consent of Emas Delima and TD and of the single authors of the works published on the Website, if needed.
LINKS TO OTHER WEBSITES
These General Conditions of Use are regulated by Italian laws.
1.1. These general sales conditions are applied for purchasing products branded “Emas Delima” (herein after “Products”) through e-commerce website Emas Delima (herein after the “Website”) by users classified as “Consumers’’ pursuant to following article 1.2. The website, owned by Grab Utilities S.r.l., with social office in Contrada Selva, 61 36054 Montebello Vicentino (VI) – ITALY phone: +39 0444 648763 – P.IVA: 03364040240 (herein after “Owner”), is managed by Emas Delima Digital (herein after “Emas Digital”).
1.2. EMAS DIGITAL deals with the sale of Products through the Website, on behalf of the Owner. The purchases of Products made on the Website will involve the following parties: EMAS DIGITAL as seller (herein after the ‘’Seller’’) and the subject who purchases one or more Products for scopes other than his entrepreneurial, business, craft or professional activity, as buyer (herein after the ‘’Consumer’’), (Seller and Consumer will be jointly referred to herein after as the “Parties’’).
1.3. The Owner is not subject to these general sales conditions, but he is holder of the rights on the Website name and domain, logos and trademarks, relative products presented on the Website and copyright on the Website’s contents.
1.4. Any communication by the Consumer related and/or referred to the purchase of Products – including notices, claims, requests concerning the purchase and/or delivery of Products, exercise of the right of withdrawal, etc. – shall be sent to the Seller at the addresses and according to the methods indicated on the Website, and at email address firstname.lastname@example.org.
1.5. Each purchase is regulated by these general sales conditions in the version published on the Website upon transmission of the order by the Consumer.
1.6. The Website is intended for retail sales and as such, meant exclusively for the use by Consumers. Subjects other than Consumers are invited not to place any purchase order. Should one or more sales be made by any subject other than a Consumer, these general sales conditions will be applied but, as exception:
a) the buyer will not be able to exercise the right of withdrawal as set forth by art. 10;
b) the buyer cannot benefit of the Product warranty indicated in art. 8;
c) no other benefits will be acknowledged to the buyer, foreseen herein in favour of the Consumer, which refer or comply with binding laws;
d) the sales agreement stipulated between the Seller and buyer will be regulated by Italian laws, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. Upon transmission of the purchase order, the Consumer agrees to receive confirmation of the information concerning the order placed and these general conditions via email at the address specified when registering to the Website or during the purchase process.
1.8. In order to make purchases on the Website, the Consumer must be of legal age (18 years old) and boast legal capacity.
1.9. The Consumer will be responsible for the fees to connect to the Website via Internet, including telephone fees, according to the rates applied by the operator chosen by the Consumer.
2. Characteristics of the Products and availability in different geographical areas
2.1. The Products are sold featuring the characteristics described on the Website and according to the general sales conditions published on the Website when the Consumer places the order, excluding any other term or condition.
2.2. The Seller reserves the right to amend these general sales conditions at any time, at his discretion, without being liable to provide any notice to Website users. Any amendments will be effective on the date of publication on the Website and will be applicable exclusively to the sales made since that date.
2.3. The prices, the Products for sale on the Website and their characteristics are subject to changes without notice. Before transmitting the purchase order according to following point 3, the Consumer is invited to check the final sales price.
2.5 Users worldwide can login the Website which may contain references to Products that may not be available or cannot be purchased in the country of the Website user.
2.6 The Products available on the Website can be purchased exclusively by users who request delivery, in the specific section of the Website, in one of the Countries listed on the Website.
3. Purchase methods of the Products – Stipulation of each single purchase agreement
3.1. The Product presentation on the Website, which is not binding for the Seller, represents a simple invitation towards the Consumer to place a purchase order and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Website represents a contractual offer and is regulated by these general sales conditions, which constitute an integral part of the same order that the Consumer shall accept in full without any objection, when transmitting the order to the Seller. Before purchasing the Products, by sending the purchase order, the Consumer will be requested to carefully read these general sales conditions and the policy on the right of withdrawal, to print a copy by pressing the printing and saving button or reproduce a copy for personal use. Moreover, the Consumer will be requested to identify and correct any errors concerning the inputting of his data.
3.3. The Consumer’s purchase order is accepted by the Seller with the transmission of an order confirmation email to the Consumer, at the email address indicated by the latter to the Seller when registering to the Website or placing the order in case the Consumer is not registered to the Website, which will include the link to the text of these general sales conditions, the summary of the placed order and description of the characteristics of the ordered Product. The Consumer’s order, the order confirmation by the Seller and the general sales conditions applicable to the agreement between the Parties, will be filed electronically by the Seller in his computerised systems and the Consumer can request a copy by sending a notice to the Seller via email at email@example.com.
3.4. Each purchase agreement concerning the Products is deemed stipulated when the Consumer receives the order confirmation by the Seller via email.
4. Procedure to select and purchase the Products
4.1. The Products presented on the Website can be purchased exclusively through the purchase procedure available on the Website; any purchase and/or booking attempts made via email, fax, or other medium other than the aforementioned purchase procedure, will not be acknowledged. This procedure foresees the selection of Products by the Consumer, by placing them inside the specific virtual shopping cart. After selecting the Products, in order to purchase and input them inside the cart, the Consumer will be invited to register to the Website by providing the requested information, or to login, in case the Consumer is already registered, or to provide his personal data in order to complete the order and stipulate the agreement. In order to make a purchase, the Consumer will be prompted to confirm his data (for example and not limited to: name, surname, etc.), the address where the selected Products will be delivered, the invoicing address and compulsorily, a telephone number in order to be able to be contacted for any notices concerning the purchase made, in case this information is different from that input during registration. The Consumer will visualize a summary of the order to place, where he can modify the contents: therefore, the Consumer, after reading them carefully, shall explicitly approve these general sales conditions by crossing the check-box on the Website and lastly, through the ‘’Order input’’ button, the Consumer will be prompted to confirm his order which will be transmitted to the Seller and will produce the legal effects set forth by previous paragraph 3.2. of this agreement. The Consumer will also be requested to select the shipping and payment methods, among those available. Should the Consumer select immediate payment (upon purchase) through credit card, PayPal or immediate bank transfer, he shall notify the relative information through secured connection. For accounting and administrative reasons, the Seller reserves the right to check the information provided by the Consumer. Should the payment be issued by credit card, the purchase amount will be exclusively charged upon transmission of the order confirmation by the Seller to the Consumer.
5. Delivery of goods and acceptance
5.1. In general, the Website indicates the Products availability and delivery timeframes, however this information shall be deemed merely indicative and not binding for the Seller.
5.2 The Seller will take any necessary measures to comply with the delivery timeframes published on the Website and in any case, to deliver within 30 (thirty) days from the day after the order was transmitted by the Consumer. Should the order not be processed by the Seller due to Product out-of-stock, even if temporarily, the Seller will notify the Consumer in writing and refund the sums potentially already paid by the Consumer for the Product, according to following paragraph 5.3.
5.3. The Website notifies the Product stock and out-of-stock in case a Product ordered by a Consumer is not available for delivery despite the order confirmation, and will immediately refund the Consumer, the sums already paid.
5.4. The Products ordered by the Consumer will be shipped according to the method selected by the latter, among those available and indicated on the Website when transmitting the order. The Consumer agrees to check with no delay, and anyhow within 3 (three) days from receiving the Products, that the delivery is correct and includes all and only the purchased products and shall notify the Seller within said term, about any defect found in the received products or inconsistency compared to the order placed, according to the procedure set forth by following art. 9 of these general sales conditions. Should the packaging or case containing the products ordered by the Consumer arrive at destination with obvious damages, the Consumer shall refuse the delivery by the carrier/ shipper or to accept the delivery ‘’with reservation’’.
5.5. After the expiry of the term indicated in previous paragraph 5.4. without the Consumer formulating any objections towards the carrier/ shipper, the delivered Products will be deemed finally accepted by the Consumer.
6. Prices, shipping costs, taxes and duties
6.1. The Product price is the one indicated on the Website when the Consumer transmits the order. The Product prices published on the Website include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping fees which are calculated before the order confirmation transmitted by the Seller to the Consumer, which the latter agrees to pay to the Seller in addition to the price published on the Website.
6.2. Based on the country in which the Products shall be shipped, the relative shipping costs will be displayed on the Website when placing the order, which the Consumer agrees to pay in addition to the price of the ordered Products.
6.3. The Consumer shall pay the total price to the Seller as indicated in the order confirmed through the order confirmation sent by the Seller to the Consumer via email.
6.4. Should the Products be delivered in a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation including indirect taxes (if applicable) does not include potential customs fee and any other fee on sales that the Consumers agrees since now to pay if due, in addition to the price indicated in the order and confirmed through the order confirmation, according to laws applicable in the country where the products will be delivered. The Consumer is invited to obtain information from competent bodies in his home country or product destination country, concerning potential duties or taxes applicable in his home country or product destination country.
6.5. As all orders are shipped from Italy, the Consumer is responsible for any additional cost, fee, tax and/or duty that a certain country may apply to the ordered Products at any title, based on these general sales conditions.
6.6. The Consumer declares that, should he not be aware of costs, fees, duties, taxies and/or levies as mentioned in previous paragraphs 6.4. and 6.5. when transmitting the order to the Seller, this will not constitute cause for terminating the agreement and said fees will not be charged to the Seller.
7.1. The payment of the price for the Products purchased through the Website shall be issued within the peremptory term of 10 (ten) days from the date in which the order confirmation was transmitted by the Seller to the Consumer. The Consumer explicitly agrees that the agreement will be processed by the Seller when the price for the purchased Product/s will be credited on the Seller’s bank account.
7.2. Payment can be issued with credit card, bank transfer or PayPal, at the conditions described below. The Seller may allow additional payment methods, indicating them in the Website’s payment section.
7.3. Should payment be issued through credit card, the Consumer will be transferred to a secured site and the credit card information will be directly disclosed to Global Collect, operator who deals with payments on behalf of the Seller. The data will be transmitted in secured mode, through data crypted transfer using SSL System (SecureSocketLayer) at 128 bit. This information will not even be disclosed to the Seller.
7.4. Should payment be issued through bank transfer in favour of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes indicated in the order confirmation.
7.5. The Seller will promptly transmit the tax receipt concerning the purchase made to the Consumer, in electronic format via email at the address indicated by the latter, if the purchased Products are to be shipped within the Italian territory, or will enclose it to the purchased Products in paper format, in all other cases.
8. Legal guarantee of conformity released by the Seller, notification of conformity defects and interventions under warranty
8.1. Pursuant to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer code), the Seller guarantees to the Consumer, that the Products will be free of design and material defects, and compliant with the descriptions published on the Website, for a period of 2 (two) years from the date the Products are delivered to the Consumer. Any warranty will be voided in case the Product will be used or washed not in compliance with the intended uses of the Product and instructions/warnings provided by the Seller and/or Owner, or indicated in the reference explanatory documents, tags or labels.
8.2. The Consumer will be responsible to check the Products as soon as possible and, under penalty of invalidity of this warranty, notify any defects and non-conformities within 2 (two) months since he discovers them, by transmitting the relative form duly filled out, to the Seller’s Customer Service Department, indicating the defect and/or non-conformity found, and relative documents mentioned in the return form (at least 1 (one) photograph of the Product, the order confirmation transmitted by the Seller and tax receipt).
8.3. After receiving the form and relative documentation, the Seller will assess the defects and non-conformities claimed by the Consumer by availing himself of the Owner’s assistance service and, after carrying out the quality checks aimed at verifying the actual non-conformity of the Product, will decide at his discretion whether to authorise the Product return, by sending a reply to the Consumer via email at the address provided by the latter when registering to the Website. The authorisation to return the Products will not constitute any acknowledgement of defects or non-conformities, which existence will be verified after returning the products. The Products meant to be returned upon authorisation of the Seller, shall be returned by the Consumer together with a copy of the return authorisation notice, within 30 (thirty) days from claiming the defect or non-conformity, at the following address: EMAS DIGITAL, c/o GRAB UTILITIES SRL Contrada Selva, 61 36054 Montebello Vicentino (VI) – ITALY phone: +39 0444 648763 – P.IVA: 03364040240
8.4. Should the Seller refund the price paid to the Consumer, refund will be issued through bank transfer or, if possible, through the same payment method used by the Consumer when purchasing the Product. The Consumer shall notify his bank details to the Seller, always via email at INFO@EMASDELIMA.COM, in order to issue a bank transfer in his favour and to put the Seller in the conditions to be able to return the due sum.
9. Liability in case of damages due to faulty products
9.1. With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer code) will be applied. The Seller, in his quality of product distributor through the Website, will be relieved from any liability, none excluded and/or excepted, indicating the name of the relative product manufacturer.
10. Withdrawal right
10.1. The Consumer can exercise the right of withdrawal from any agreement stipulated according to these general sales conditions, without any penalty, within 14 (fourteen days) working days from the date he receives the ordered Products, for any reason and without being liable to provide any explanation in this regard.
10.2. To exercise the right to withdraw, the Consumer shall send a request to the Seller within the indicated deadline via e-mail at the following address: firstname.lastname@example.org.
10.3. If the Products have not been sent to the Consumer, the withdrawal shall be intended as exercised the moment the Seller receives the withdrawal request from the Customer for the entire order addressed to email@example.com.
10.4 If the Products have already been sent to the Consumer, on receiving the request as foreseen in point 10.2, the Seller will send the Returned Products Form via e-mail to the Consumer. Within the following 14 days, the Consumer is required to return the Products to the Seller, together with the Returned Product Form sending or delivering them to:
GRAB UTILITIES SRL Contrada Selva, 61 36054 Montebello Vicentino (VI) – ITALY
phone: +39 0444 648763
10.5. It is agreed that transport risks and costs for returning the Products to the Seller will be paid by the Consumer.10.6. In order for the right of withdrawal to be valid, the Products shall be submitted or in any case delivered to the Seller integer (without any sign of wear, abrasion, dent, scratch, deformation, etc.), complete with all their parts and accessories, accompanied by instructions/ notes/ enclosed manuals, original packaging and wrapping and the warranty certificate, if present. Should any of the above be lacking, the Consumer will lose the right to be refunded for the amounts paid. In view of the above, we suggest covering the original Product packaging with another protective wrapping to preserve integrity and to protect the product during transport, also against writing or labels.
10.7. The Seller will take the delivery of the returned Products, granted his right to check whether these have been returned in the conditions described in previous paragraph 10.5.
10.8. If the check of the returned Products gives a positive outcome and the right of withdrawal has been duly exercised by the Consumer according to the foreseen terms and methods, the Seller will refund the full amount paid to purchase the Products to the Consumer, including the shipping fees paid by the Consumer for purchasing the product, as soon as possible and in any case, within 30 (thirty) days from the date in which the Seller is notified about the Consumer’s intention to exercise the right of withdrawal. However, the Consumer will remain liable for shipping fees and any duties or additional taxes paid by the latter to return the Product to the Seller.
10.9. The refund will be effected, where possible using the same payment method used by the Consumer to purchase the Product, or by bank transfer in favour of the Consumer; the Consumer shall provide the bank details on the returned products request or by email to firstname.lastname@example.org so the Seller is in a position to refund the relative amount. In the event that the payment was made by credit card, the refund will be made within the indicated time by direct crediting of the amount due to the credit card used by the Consumer to pay for the goods. In the event that the payment was made by PayPal, the refund will be made within the indicated time by direct crediting of the amount due to the account used by the Consumer to pay for the Products.
11. Intellectual property rights
11.1. The Consumer declares to be aware that any trademarks, names, as well as any distinctive mark, company name, image, photograph, written text or graph published on the Website or relative to the Products are and will remain the exclusive property of the owner Emas Delima and/or parties entitled; access to the Website and/or the purchase of Products will not confer any right on the above, to the Consumer.
11.2. The Website contents cannot be reproduced, whether in whole or in part, transferred with electronic or traditional means, modified or used at any title, without the previous written approval of Emas Delima.
12. Consumer’s data and protection of privacy
12.2. The Consumer declares and guarantees that the information given to the Seller upon the registration and purchase process is correct and truthful.
12.3. The Consumer can update and/or modify his personal data given to the Seller at any time, through the specific Website section ‘’My Account’’, which can be accessed with login and password.
13.1. Despite the Seller adopts measures aimed at protecting personal data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limits in protecting electronic communications via internet, the Seller cannot guarantee that the information or data visualized by the Consumer on the Website, also after logging in, cannot be accessed or viewed by non-authorised third parties.
13.2. With regards to data concerning payments made with credit card, the Seller avails himself of services provided by Global Collect, which adopts technological systems aimed at ensuring utmost reliability, security, protection and privacy when transmitting information via web.
14. Force majeure
14.1. The Seller will not be deemed liable in case of total or partial insolvency of his obligations in force of any agreement stipulated according to these general sales conditions, when said insolvency is caused by unforeseeable and/or natural events outside his reasonable control, including for example and not limited to, catastrophic natural events, acts of terrorism, wars, popular rising, lack of electric energy, general strike of public and/or private workers, strike and/or restrictions concerning carrier’s routes and airplane connections.
15. Applicable law and competent court
15.1. Each sales agreement stipulated between Seller and Consumers pursuant to these general sales conditions will be regulated and interpreted according to Italian laws. Without prejudice to the rights potentially boasted by Consumers from binding provisions set forth by laws applicable in their home country.
15.2. Any controversy will be exclusively devolved to the Court of VICENZA, unless this provision cannot be applied due to binding laws applicable in the Consumer’s home country.
The Parties cannot sale neither transfer any of their rights and obligations derived from these general sales conditions to third parties, without the previous written approval of the other party.
17. Validity of the clauses
17.1. The headings of the clauses used herein are merely indicative and do not boast any effect with regards to the identification of the content and interpretation of this agreement.
17.2. These general sales conditions do not prejudice the right attributed to the Consumer by Italian laws.
17.3. Should a clause or part of a clause of these general sales conditions be deemed invalid because in contrast or contrary to a provision set forth by law, all other clauses of this agreement or parts of the same clause will remain fully valid and effective.
18. Final provisions
The Consumer declares not to have been induced to stipulate this agreement based on previous oral declarations.