FREE DELIVERY IN ITALY ON ORDERS OF €50 OR MORE
This document sets out the general terms and conditions under which users are offered access to the website www.emilyevans.it, which facilitates the sale and purchase of gifts, furnishings, and home and personal accessories.
To ensure a full understanding and acceptance of these terms and conditions, the following terms, whether in the singular or plural, shall have the meanings set out below:
Use of the e-commerce site implies the User’s acceptance of these Terms and Conditions. Should the User not wish to accept these Terms and Conditions and/or any other notes, legal notices or information published on the site or referred to therein, they may not use the e-commerce site or the related services.
The Terms and Conditions may be amended at any time.
The applicable Terms and Conditions are those in force on the date the purchase order or request for the supply of a Product is submitted.
Before using the e-commerce site, the User must read the Terms and Conditions carefully and save or print them for future reference.
The Data Controller reserves the right, at its sole discretion and at any time, to amend the graphical interface of the e-commerce website, the Content and its organisation, as well as any other aspect relating to the functionality and management of the e-commerce site, providing the User with the relevant instructions where necessary.
All products offered via the e-commerce site are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies or minor differences between the information published on the e-commerce site and the actual product. Furthermore, any images of the Products are for illustrative purposes only and do not form part of the contract.
Purchases and/or requests for the supply of one or more Products via the e-commerce Site are permitted for both Consumer Users and Non-Consumer Users. Natural persons may only make purchases and/or place orders provided they are of legal age. In the case of minors, any purchase and/or order for Products via the e-commerce site must be reviewed and authorised by their parents or those exercising parental responsibility.
The offering of Products via the e-commerce Website constitutes an invitation to treat, and the order submitted by the User shall be deemed a contractual proposal to purchase and/or a request for supply, subject to confirmation and/or acceptance by the Data Controller as described below. Consequently, the Owner shall, at its sole discretion, have the right to accept or reject the User’s order, without the User being entitled to raise any objection or complaint on any grounds whatsoever.
The contract for the sale or supply of the Products shall be deemed to have been concluded upon the Owner’s acceptance of the User’s contractual proposal. The Owner shall accept the User’s contractual proposal by sending an order confirmation to the email address provided by the User or by displaying an order confirmation web page, which shall set out the order date, the User’s details, the Product’s specifications and availability, the price or the method of calculating the price, any additional charges and taxes, the delivery address, delivery times and any delivery charges, the procedures for exercising the right of withdrawal or any exclusion thereof, and the warranty.
The contract for the sale or supply of the Products shall not be deemed to be valid between the parties unless the requirements set out in the previous paragraph are met.
Should the Product be unavailable, the Owner will inform the User of the new delivery or supply dates and ask whether they wish to confirm the order or not. It is understood that the contract shall be deemed to have been concluded in respect of the Products accepted by the Owner.
The User undertakes to check that the details set out in the order confirmation are correct and to notify the Data Controller immediately of any errors, and shall retain a copy of their order, the relevant confirmation and the Terms and Conditions.
The price of each Product is shown inclusive of VAT, where applicable. In addition, any applicable taxes, additional charges and delivery costs will be indicated; these may vary depending on the destination, the chosen delivery method and/or the payment method used. Where such charges cannot reasonably be calculated in advance, an indication will be provided of which charges will be invoiced to the User.
The Data Controller reserves the right to amend, at any time, the price of the Products and any additional costs. It is understood that any price changes shall in no circumstances affect contracts already concluded prior to the change.
The User undertakes to pay the price of the Product within the timeframes and in the manner specified on the e-commerce site, and to provide any necessary details that may be requested.
The e-commerce site uses third-party tools to process payments and does not have access to the payment details provided (credit card number, cardholder’s name, password, etc.) in any way.
Should these third-party payment providers refuse to authorise the payment, the Data Controller will be unable to supply the Products and cannot be held liable in any way.
Payment for the order must be made using one of the following methods:
Physical products and/or digital goods supplied on a physical medium will be delivered to the address specified by the User, in accordance with the methods and within the timeframe chosen or indicated on the e-commerce site and set out in the order confirmation. Unless otherwise specified, the delivery times stated in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge of it.
Crisp S.r.l. has made reasonable efforts to process an Order within 4 (four) working days of receiving the Order. The courier service operates from Monday to Friday, from 9.00 am to 5.00 pm. Orders received on Saturdays, Sundays or public holidays will be processed from the next working day. Barring unforeseen circumstances beyond the control of Crisp S.r.l., the Product will be delivered to the User within 5 (five) days of handover to the courier. This delivery timeframe is indicative and not binding. Crisp S.r.l. accepts no liability for any loss or damage arising from delays in delivery. In the event of non-delivery to the delivery address specified by the User in the Order, a second delivery attempt will be made to the same address. If the courier is unable to deliver the Product even on this second attempt, the Product will be held at the courier’s depot closest to the delivery address and a delivery notice will be left for the User with the necessary instructions for collection.
Should the User not wish to accept the new delivery date, or should delivery have become impossible, they may request a refund of the amount paid, which will be credited promptly via the same payment method used by the User for the purchase, within a maximum of 14 days from the date on which the Data Controller became aware of the refund request.
Upon receipt of the Product, the User is required to check that it complies with the order placed and that the packaging is intact. Should there be any obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost to them. Once the delivery note has been signed, the User may not raise any objection regarding the external condition of the Products delivered.
The Data Controller shall not be liable to any party or third party for any damage, loss or costs incurred as a result of the non-performance of the contract due to force majeure.
Any Consumer User who, for whatever reason, is not satisfied with the Product is entitled to withdraw from the contract without penalty and without giving any reason within 14 days of the date of receipt of the Product, by sending a written notice to the email address hello@emilyevans.it by using the optional withdrawal form referred to in the following article or any other written statement.
In the event of separate delivery of multiple Products ordered by the Consumer in a single order, the 14-day period for exercising the right of withdrawal begins on the day on which the last Product was received.
In the event of withdrawal, the Consumer User must return the Product to the Controller without undue delay and, in any event, no later than 14 days from the date on which they notified their decision to withdraw from the contract. The Consumer shall bear only the direct cost of returning the Product, unless the Owner has stated that it will cover this cost.
Where the right of withdrawal has been exercised correctly, the Data Controller shall refund the payments received from the User, using the same payment method used by the User for the initial transaction, without undue delay and in any event within 14 days of the date on which the User notified the Data Controller of their intention to withdraw from the contract.
The Controller is not obliged to refund delivery costs if the Consumer has expressly chosen a delivery method other than the least expensive option offered by the Controller.
Unless the Seller has offered to collect the Product themselves, they may withhold the refund until they have received the Product or until the Consumer has provided evidence that they have returned it.
The Data Controller will not accept returns if the Product is found to be faulty as a result of misuse, negligence, physical, cosmetic or superficial damage or alterations, tampering, improper maintenance, wear and tear, or the absence of integral components of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender for the postage costs.
Non-consumer Users are not entitled to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that providing a VAT number in the order automatically classifies them as a non-consumer User, for whom there is no right of withdrawal.
The right of the Consumer to withdraw from the contract for the sale or supply of the Products is excluded in the following cases:
For further information, please contact the Data Controller at the following email address hello@emilyevans.it
The User may withdraw by using the following form, which must be completed in full and sent to the following email address hello@emilyevans.it before the end of the withdrawal period:
I hereby give notice of my withdrawal from the contract of sale or supply relating to the following product: __________
Order number: _______
Ordered on: _______
First name and surname: _______
Address: ______
Email address associated with the account used to place the order: ____________________
Date: __________
With regard to tangible goods, non-consumer users shall be covered by the guarantees relating to defects in the goods sold, the guarantee against defects in promised and essential qualities, and the other guarantees provided for by the Civil Code, together with the relevant terms, time limits and restrictions (Articles 1490 et seq. of the Civil Code).
The statutory guarantee of conformity, as provided for in Articles 128–135 of the Consumer Code, applies to all Products sold via the e-commerce Site that fall within the category of “consumer goods”, as defined in Article 128, paragraph 2 of the Consumer Code: any movable goods, including those requiring assembly, except for i) goods subject to compulsory sale or otherwise sold by the judicial authorities, including through delegation to notaries, ii) water and gas, where not packaged for sale in a defined volume or specific quantity, iii) electricity. The statutory guarantee of conformity applies solely to Consumer Users. The Owner is obliged to deliver to the Consumer User Products that comply with the sales contract.
The Products are presumed to be in conformity with the contract if, where applicable, all of the following circumstances apply:
Any faults or malfunctions caused by accidental events, by the Consumer’s own negligence, or by use of the Product that does not comply with its intended purpose and/or the provisions of the accompanying technical documentation are therefore excluded from the scope of the conformity guarantee.
Any lack of conformity that becomes apparent within 24 months of the date of delivery of the Product must be reported within 2 months of the date on which the defect was discovered. Unless proven otherwise, it is presumed that any lack of conformity arising within 6 months of the delivery of the Product already existed at that time, unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity. After 6 months, it shall be the responsibility of the Consumer User to provide evidence that the damage was not caused by incorrect or improper use of the Product. Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User is entitled to have the Product brought into conformity, free of charge. To this end, the Consumer User may choose between having the Product repaired or replaced.
This right of choice may not be exercised if the remedy sought is objectively impossible or excessively onerous. Furthermore, the Consumer User is entitled to an appropriate price reduction or to terminate the contract only if one of the following situations applies: i) repair and replacement are impossible or excessively onerous; (ii) the Controller has failed to carry out the repair or replacement within a reasonable period; (iii) the replacement or repair has caused significant inconvenience to the Consumer User.
Should the Consumer User wish to make use of the remedies provided for under the guarantee of conformity, they must send a written notice to the following email address hello@emilyevans.it. The Data Controller shall respond promptly to any notification of an alleged lack of conformity and shall inform the Consumer User of the specific procedure to be followed, taking into account the product category to which the Product belongs and/or the defect reported.
The Data Controller declares that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the e-commerce site and/or the content available on the e-commerce site. Consequently, all trade marks, whether figurative or word marks, and all other signs, trade names, service marks, word marks, commercial designations, illustrations, images, logos and content relating to the e-commerce site are and remain the property of the Owner or its licensors and are protected by applicable trade mark laws and relevant international treaties. These Terms and Conditions do not grant the User any licence to use the e-commerce site and/or individual content and/or materials available thereon, unless otherwise specified. Any unauthorised reproduction, in any form, of the explanatory texts and Content of the e-commerce site shall be deemed a breach of the Owner’s intellectual and industrial property rights.
The e-commerce site is provided “as is” and “as available” and the Owner makes no express or implied warranties in relation to the e-commerce site, nor does it guarantee that the e-commerce site will meet Users’ needs, or that it will never experience interruptions, be free from errors, or be free from viruses or bugs. The Owner will endeavour to ensure that the e-commerce site is available 24 hours a day without interruption, but cannot under any circumstances be held liable if, for any reason, the e-commerce site is inaccessible and/or inoperative at any time or for any period. Access to the e-commerce site may be suspended temporarily and without prior notice in the event of a system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control, or due to events of force majeure.
The Data Controller shall not be held liable to the User, except in cases of wilful misconduct or gross negligence, for service disruptions or malfunctions relating to the use of the internet that are beyond its control or that of its suppliers. Furthermore, the Data Controller shall not be liable for any damage, loss or costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to the Data Controller; in such cases, the User shall only be entitled to a full refund of the price paid and any ancillary charges incurred. The Data Controller accepts no liability for any fraudulent or unlawful use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment details used (credit card numbers, cardholder names, passwords, etc.).
The Data Controller shall not be liable for:
Under no circumstances shall the Data Controller be held liable for an amount exceeding twice the cost paid by the User.
The Data Controller shall not be held liable for any failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control arising from events of force majeure or, in any event, from unforeseen and unforeseeable events that are, in any case, beyond its control. The Data Controller’s fulfilment of its obligations shall be deemed suspended for the duration of any force majeure events. The Data Controller shall take all reasonable steps within its power to identify solutions that will enable the proper fulfilment of its obligations despite the persistence of force majeure events.
The e-commerce site may contain links to third-party websites or applications. The Data Controller has no control over them and, therefore, accepts no responsibility whatsoever for the content of these websites or applications. Some of these links may lead to third-party websites or applications that provide services via the e-commerce site, and vice versa. In such cases, the general terms and conditions for the use of the website/application and for the provision of the service, as set out by the third parties, shall apply to the individual services, and the Data Controller accepts no liability in respect of them.
The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be viewed here.
These Terms and Conditions are governed by Italian law.
For Consumer Users, any dispute relating to the application, enforcement and interpretation of these Terms shall be referred to the court of the place where the Consumer User resides or has elected domicile, provided that such place is situated within the territory of the Italian State, without prejudice to the Consumer User’s right to bring proceedings before a court other than the “consumer court” pursuant to Article 66-bis of the Consumer Code, which has territorial jurisdiction in accordance with one of the criteria set out in Articles 18, 19 and 20 of the Code of Civil Procedure. This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions laid down by the law of the country in which they have their habitual residence, in particular with regard to the time limit for exercising the right of withdrawal, the time limit for returning the Products where that right is exercised, the procedures and formalities for notifying such withdrawal, and the statutory guarantee of conformity. For Non-Consumer Users, any dispute relating to the application, enforcement and interpretation of these Terms and Conditions shall be subject to the jurisdiction of the court in the place where the Data Controller has its registered office.
Consumer Users resident in Europe should be aware that the European Commission has set up an online platform providing a means of alternative dispute resolution. This mechanism may be used by Consumer Users to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online. Consequently, Consumer Users may use this platform to resolve any dispute arising from a contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
