Legal Notes
Euro90 S.R.L. – Registered Office Road A 48 Industrial Zone San Zeno-52040 Arezzo- Italy Code. Taxation & VAT No. And Company Register No. 01299990513
Subject of the General Conditions
- These General Conditions of Sale (“General Conditions”) define the terms and conditions of sale between Euro90 S.R.L., owner of the website www.emodi.it (“the Site”) and the person registered to the Site who is acting for personal and non-professional purposes (“Customer”) and who intends to purchase products offered by Euro90 S.R.L. in the restricted access section of the Site.
- These General Terms and Conditions relate to the distance retail sale via the Internet to consumers of Products, governed in particular by D. Lgs. n. 206/2005 (“Consumer Code”) and by Legislative Decree. n. 70/2003.
- Seller is: Euro90S.R.L., C.F. and P. IVA 01299990513, with registered office in Arezzo (AR), Strada A 48 Zona Industriale San Zeno 52040, 1. Customer is: a consumer who is 18 years of age or older and a resident of the countries where the site is enabled for online sales.
- Euro90 S.R.L does not deliver the Products to countries other than those indicated. Not all Products may be available for purchase in the Site visitor’s country.
- These General Conditions may be changed at any time. Between the Parties, the version of the General Conditions published at the time of the conclusion of the Contract shall prevail. Euro90 S.R.L. shall in no event be deemed bound by any conditions sent by the Customer or otherwise different from these. Prices, Products on the Site, and features are subject to change without notice.
- The Customer’s acceptance of these Terms is essential for the completion of the procedure for the purchase of the Products.
Method of execution of the Contract – non-availability of the Products
- In order to make a purchase, the Customer must register on the Site, log in to the appropriate restricted area with his or her Credentials, choose the Product to be purchased, and enter it in the appropriate section of the Site “Shopping Cart,” where the Product characteristics, price, shipping costs, and estimated delivery time will be displayed. Registration and access to the Site, as well as use of the e-commerce service are totally free of charge.
- The sending of the order takes place following the entry in the section intended for payment, of the shipping data and the data necessary to make the payment, required by the commissioned intermediary. Payment will be made by credit or debit card, PayPal, Apple Pay, or bank transfer, and will usually be charged within the terms specified by the payment service used. Choosing payment by bank transfer, at the conclusion of the order the Customer receives a confirmation email containing the bank details of Euro90 S.R.L. . The order will be taken when the transfer has reached the bank account. By submitting an order, the Customer expressly consents to the use by Euro90 S.R.L. of e-mail, telephone and address in connection with the conclusion and execution of the contract.
- Euro90 S.R.L. will send the Customer an e-mail confirmation of the order, this confirmation will contain the Date and Time of execution of the order and a ‘Customer Order Number’, to be used in any further communication with Euro90 S.R.L. The Customer’s order and the order confirmation with the applicable General Conditions are electronically archived by Euro90 S.R.L. and the Customer may request a copy by sending an e-mail communication to Euro90 S.R.L. at info@emodi.it.
- The contract of sale of the Product shall be deemed concluded when Euro90 S.R.L. receives payment of the price from the Customer.
- The validity of the contract is subject to the availability of the Product. In the event that the Product is no longer available, Euro90 S.R.L. will notify the Customer within 7 days of receipt of the Order and reserves the right to terminate the contract of sale, returning to the Customer the full price paid, without any further charge or charge whatsoever to Euro90 S.R.L.
- The Order that is displayed by the Customer and emailed by Euro90 S.R.L. contains all the essential elements of the Contract, including all the information required by law. The Customer is required to check the Order and verify that the information contained in it is correct and complete.
Delivery of Products
- Euro90 S.R.L. delivers the Product to the Customer within the deadline and in the manner indicated within the Site.
- Delivery costs are borne by the Customer and the relevant price is detailed as stated in the offer published within the Site, as well as stated in the order and order confirmation.
- Shipping and delivery of the Product will be made by GLS courier. Orders placed after Friday morning, Saturday and Sunday will be processed starting Monday. No responsibility can be attributed to Euro90 S.R.L in case of delay in the processing of the order or delivery of what was ordered.
- The Product will be delivered to the location specified by the Customer for delivery, and the Customer is required to receive the Product and facilitate delivery in accordance with the terms of the order. In the event of unreasonable refusal to take delivery of the Product, Euro90 S.R.L. shall have the right to terminate the Contract, without prejudice to compensation for damages suffered (including any costs of shipping and storage of the Products).
- Any problems inherent in the physical integrity, completeness, or correspondence of the products received with what was indicated in the confirmation e-mail must be reported within 7 days after delivery, in the manner provided herein.
- Any damage to the packaging and/or the product or the mismatch of the number of packages or indications, must be immediately contested by placing the words “Reserve ofControl” (specifying the reason for the reserve, e.g. “punctured packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer may not object to any dispute about the external characteristics of what has been delivered.
- Our shipments are entrusted to GLS express courier. Deliveries are made Monday through Friday during office hours. Once the order is processed, the customer will receive a confirmation email containing the Tracking Number to track the status of their order. To find out the delivery time, the Customer can check their Account on the Site. For any further inquiries or changes, you can contact our Customer Service Department through the form provided on the Site.
Fee
- The Final Price is inclusive of VAT, includes delivery charges and any charges inherent in the use of the means of payment chosen by the Customer.
- The Customer is required to make payment to Euro90 S.R.L. through the payment method made available within the Site. Delivery of the Products will be made only after payment has been made.
Obligations of the Client
The Customer is obliged to ensure the truthfulness of its data provided in the course of the procedure provided for the conclusion of the Contract. The Customer undertakes to promptly notify Euro90 S.R.L. of any changes relating to his or her personal data provided during the course of the Contract, by sending appropriate notice to Euro90 S.R.L.
Warranty and Limitation of Liability
- The Customer must notify by registered mail A.R. the lack of conformity to Euro90 S.R.L. within the peremptory term of two months from the date of discovery of the defect. Euro90 S.R.L. shall be liable when the lack of conformity becomes apparent within the period of two years from the date of delivery of the Products.
- The warranty is valid provided that the Products are properly used and upon the Customer’s presentation of the delivery documentation and order number. Warranty service does not extend to wear and tear, scratches, marks, or otherwise anything attributable to poor maintenance of the Products. Subject to the mandatory limitations provided by law, Euro90 S.R.L. does not offer any warranty or representation of conformity of the Products beyond what is expressly stated on the Site, including conformity of the Products to technical, quality or standard requirements of any nature, for any specific or particular purpose.
Right of Withdrawal
- Pursuant to Articles 52 et seq. of the Consumer Code, the Customer who qualifies as a “consumer” under the Consumer Code has the right to discretely withdraw from the Contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from the date of delivery of the Products.
- The Consumer Customer may exercise this right through the appropriate procedure provided on the Site in the appropriate area and following the relevant instructions, or by using the appropriate contact form in the Customer Service area.
- If the right of withdrawal is exercised, the Products must be returned to the offices of Euro90 S.R.L. indicated for this purpose in their original condition, complete with all their parts, accessories, documentation and with their packaging, which must be kept, as far as possible, intact.
- The cost of returning the Products will be the sole responsibility of the Customer, as well as the responsibility for the Products until they are returned to Euro90 S.R.L..
- The return will be taken care of within 7 working days of receipt of the goods at the offices of Euro90 S.R.L. In some cases, the Customer may be contacted by email for additional information, should it be necessary.
- The refund will be made by Euro90 S.R.L. with the same method of payment within 14 working days from the acceptance of the return, net of the redelivery costs indicated above, after careful verification of the Products in question. Once the refund has been made, the technical time taken to credit the credit card or Paypal account depends on the Customer’s bank circuit. In the case of payment by prepaid card or bank transfer, refunds will be made by re-crediting the card or bank account from which the charge was originally made.
- Unless otherwise agreed between the parties, the Customer may not exercise the right of withdrawal, inter alia, in the following cases: – the supply of goods made to measure or clearly customized; in all other cases provided for by law, with particular reference to Art. 59 of the Consumer Code. However, the right of withdrawal is excluded if the Product has been handled other than what is strictly necessary to establish its nature, characteristics and operation.
Communications
For the purposes of the Contract, written form includes any communication by electronic means that allows a durable record of its content (such as, for example, e-mail messages).
Retention of the Contract
The Contract and the related order documents are stored, preserved and archived by Euro90 S.R.L. at its premises, for the fulfilments necessary for the execution of the Contract, as well as for the related fulfilments and requirements required by law, in compliance with the Privacy Code (Legislative Decree no. 196/2003) and the EU Regulation 2016/679 of April 27, 2016.
- The Customer may request access to and inspection of such documents upon written request to be sent to Euro90 S.R.L. at least 7 working days prior by registered mail with return receipt. The Customer may request from Euro90S.R.L. That an electronic and/or hard copy of the Contract be provided against payment of the cost of the reproduction and support provided.
- In all cases, the Customer is required to store, retain and archive both an electronic and hard copy of the Contract.
Processing of personal data
The processing of personal data provided by the Customer will take place in accordance with the provisions of D. Lgs. June 30, 2003, no. 196 (“Personal Data Protection Code”) and pursuant to Art. 13 of EU Regulation 2016/679 of April 27, 2016 and its subsequent amendments and supplements. To this end, Euro90 S.R.L. provides the Customer with appropriate information always available on the Site.
Applicable law
These General Terms and Conditions and the related Contract of Sale concluded between Euro90 S.R.L. and the Customer are governed by Italian law and, in particular, by D. Lgs. n. 70/2003 on electronic commerce as well as, with reference only to Consumer Customers, as defined above in Art. 1, D. Lgs. n. 206/2005 (Consumer Code), subject to any mandatory provisions of the law of the Customer’s country of residence that may be applicable.