This document sets out the general terms and conditions on the basis of which users are offered the use of the website www.emilyevans.it which offers the buying and selling of products of giftware, furniture, home and personal accessories.

To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:

– Owner: Crisp S.r.l., with registered office in Via Antonio Zanussi n. 301 – 33100 Udine UD, VAT / Tax Code 02981020304, fully paid-up share capital €10,000.00, PEC address crispsrl@pec.it

– E-commerce site: www.emilyevans.it

– Products: the products provided to the user by the Owner

– User: any individual who accesses and uses the e-commerce site

– User Consumer: the natural person of age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any

– Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or needs of his or her entrepreneurial, commercial, craft or professional activity

– Conditions: this contract governing the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the e-commerce Site.

Use of the E-Commerce Site implies acceptance of the Terms by the User. If the User does not intend to accept the Conditions and/or any other notes, legal notices, disclosures published or referred to therein, the User may not use the E-commerce Site or its services.

The Conditions may be modified at any time.

The applicable Terms are those in effect on the date of transmission of the purchase order or request for supply of a Product.

Before using the E-Commerce Site, you should read the Terms carefully and save or print them for future reference.

The Owner reserves the right to change at its own discretion, at any time, the graphical interface of the E-Commerce Site, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the E-Commerce Site, communicating to the User, where necessary, the relevant instructions.

All products offered through the E-commerce Site are described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the E-commerce Site and the actual Product may become apparent. In addition, any images of the Products are representative only and do not constitute a contractual element.

Purchases and/or requests for supply of one or more Products through the E-Commerce Site are permitted to both Consumer and Non-Consumer Users. To individuals, purchases and/or supply requests are permitted only on the condition that they are of legal age. For minors, any purchase and/or request for supply of Products through the E-Commerce Site must be screened and authorized by parents or those exercising parental responsibility.

The offer of Products through the E-Commerce Site constitutes an invitation to offer and the order sent by the User will count as a contractual proposal for purchase and/or request for supply, subject to confirmation and/or acceptance by the Holder as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User’s order without the User being able to object or complain about anything in any capacity and/or reason.

The contract of sale or supply of the Products shall be deemed concluded with the acceptance by the Owner of the User’s contractual proposal. The Holder will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which will contain the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, the delivery time and any delivery costs, the procedures for exercising the right of withdrawal or its possible exclusion, and the guarantee.

The contract of sale or supply of the Products shall not be deemed effective between the parties in default of the foregoing.

In the event that the Product is not available, the Holder will notify the User of the new terms of delivery or supply, asking whether or not it intends to confirm the order. It is understood that the contract shall be deemed to be completed with respect to the Products accepted by the Holder.

The User undertakes to verify the correctness of the data given in the order confirmation and to notify the Holder immediately of any errors and will keep a copy of its order, the relevant confirmation and the Terms.

For each Product, the price including VAT, if due, will be indicated. In addition, all taxes, additional charges and delivery charges, if any, which may vary depending on the destination, delivery method chosen and/or payment method used, will be indicated. Where such expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.

The Owner reserves the right to change, at any time, the price of the Products and all additional charges, if any. It is understood that any price changes will in no case affect any contracts already concluded prior to the change.

The User agrees to pay the price of the Product in the time and manner indicated on the E-Commerce Site and to communicate all necessary data that may be required.

The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card number, holder’s name, password, etc.).

Should such third-party tools deny payment authorization, the Holder cannot provide the Products and cannot be held liable in any way.

Payment for the order must be made by one of the following methods:

• CREDIT CARD. The accepted credit cards are: Visa, Mastercard, Maestro, American Express. The information requested in the ‘Billing Address’ section must match the address of the credit card used for the purchase, otherwise we will not be able to process and send your order. All transactions are secure: the site is equipped with the SSL encryption system that ensures maximum protection of personal and payment data.
• A secure and simple payment system that, in the Express version, allows checkout without logging into our site. You can finalize the payment in a few simple steps, without having to re-enter financial data that are already stored on PayPal. Or PayPal offers the ability to make payment with all credit cards without having an account, by clicking on the ‘Don’t have a PayPal account?” link, with no obligation to register and at no additional cost. When the order is placed PayPal will immediately charge the amount for the purchase made.
• You can conveniently pay on delivery of your order. There is an additional price of €4.00. The service is valid only for Italy.

Tangible Products and/or digital goods supplied on a tangible medium will be delivered to the address indicated by the User, in the manner and within the period of time chosen or indicated on the E-Commerce Site and stated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time customarily required to deliver the Product from the time the courier takes delivery.

Crisp S.r.l. has made reasonable efforts to be able to process an Order within 4 (four) business days of receipt of the Order. The courier service operates Monday through Friday from 9:00 am to 5:00 pm. Fulfillment of Orders received on Saturdays, Sundays, or holidays shall commence on the next business day. Unless unforeseen events beyond Crisp S.r.l.’s control, the Product is delivered to the User within 5 (five) days from delivery to the courier. This delivery period is indicative and not binding. Crisp S.r.l. assumes no responsibility for any prejudice resulting from delays in delivery. In case of non-delivery to the delivery address indicated by the User in the Order, a second delivery attempt will be made to the same address. If the courier fails to deliver the Product even at this second attempt, the Product will be placed in the courier’s warehouse closest to the delivery address and a notice will be left for the User with the necessary directions for collection.

If the User does not wish to accept the new deadline or the delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for a refund.

Upon receipt of the Product, the User is required to check its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products.

The Owner shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.

Only the User Consumer who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within the term of 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address hello@emilyevans.it using the optional withdrawal form referred to in the following article or any other written statement.

In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal shall run from the day on which the last Product was received.

In case of withdrawal, the User Consumer shall return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User Consumer shall bear only the direct cost of returning the Product, unless the Holder has stated that it will bear the cost.

In the event of a properly exercised withdrawal, the Holder will refund the payments received by the User, in the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he/she wishes to withdraw from the contract.

The Holder is not obligated to reimburse delivery costs if the User Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder.

The Holder, unless he has offered to pick up the Product himself, may withhold the refund until he has received the Product or until the User Consumer has demonstrated that he has returned the Product.

The Holder will not accept a return in the event that the Product is found to be malfunctioning due to misuse, neglect, physical, cosmetic or superficial damage or alteration, tampering or improper maintenance or wear and tear, absence of integral product elements (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender for shipping costs.

The right of withdrawal from the contract of sale or supply of Products by the Consumer User is excluded with respect to:

• to the supply of custom-made or clearly personalized Products
• to the supply of Products that are likely to deteriorate or expire rapidly. This category includes all food Products (including beverages) that may be sold, as the characteristics and qualities of such Products are subject to alteration even as a result of improper storage
• to the supply of sealed Products that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery

For further clarification, please contact the Holder at hello@emilyevans.it

The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address hello@emilyevans.it before the withdrawal period expires:

I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________

Order Number:_______

Ordered on: _______

Full Name: _______

Address: ______

E-mail associated with the account from which the order was placed: ____________________

Date: __________

WARRANTY MATERIAL PRODUCTS NON-CONSUMER USERS

In relation to Material Products, the warranties for defects in the thing sold, the warranty for defects in promised and essential qualities and the other warranties provided for by the Civil Code with their terms, forfeitures and limitations (Articles 1490 et seq. c.c.) will be applied to Non-Consumer Users.

CONFORMITY WARRANTY MATERIAL PRODUCTS FOR CONSUMER USERS

The legal guarantee of conformity, provided for in Articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall under the category of “consumer goods,” as governed by Art. 128, 2nd paragraph of the Consumer Code: any movable goods, including those to be assembled, except i) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a delimited volume or in a determined quantity, iii) electricity. The legal guarantee of conformity is reserved for Consumer Users only. The Holder is obligated to deliver to the Consumer User Products that conform to the contract of sale.
Products are presumed to conform to the contract if, where relevant, the following circumstances coexist:
– they are fit for the use for which goods of the same type are customarily used;
– conform to the description made by the Holder and possess the qualities of the good that the seller has presented to the User Consumer as a sample or model;
– they have the quality and performance usual for goods of the same type, which the User Consumer may reasonably expect, taking into account the nature of the Product and, where applicable, public statements on the specific characteristics of the Products made in this regard by the Holder, the manufacturer or its agent or representative, in particular in advertising or on labeling;
– are also suitable for the particular use intended by the User Consumer and which has been brought to the knowledge of the Holder by the latter at the time of the conclusion of the contract and which the Holder has also accepted by conclusive facts.
Therefore, any failures or malfunctions caused by accidental facts or by the User Consumer’s responsibility or by a use of the Product that does not comply with its intended use and/or with what is provided for in the attached technical documentation are excluded from the scope of the conformity guarantee.
A conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect. Unless there is evidence to the contrary, defects in conformity that become apparent within 6 months after delivery of the Product shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the conformity defect. After the 6 months, it will be the Consumer User who will be required to provide proof that the damage did not originate from 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 User Consumer has the right to restore the conformity of the Product, without charge. To this end, the User Consumer may choose between the repair of the Product or its replacement.
This right of choice may not be exercised if the requested remedy is objectively impossible or excessively burdensome. In addition, the User Consumer shall only be entitled to an appropriate price reduction or termination of the contract if any of the following situations occur: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has failed to repair or replace within a reasonable period of time; iii) replacement or repair has caused significant inconvenience to the User Consumer.
If the User Consumer wishes to take advantage of the remedies under the Conformity Warranty, the User Consumer shall send written notice to the e-mail address hello@emilyevans.it . The Owner will promptly acknowledge the communication of the alleged conformity defect and will indicate to the User Consumer the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The Owner 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. Therefore, all trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and content related to the E-Commerce Site are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties. The Terms do not grant the User any license to use the E-commerce Site and/or individual content and/or materials available therein, unless otherwise governed. Any reproductions in any form of the explanatory texts and Contents of the E-Commerce Site, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.

DISCLAIMER OF WARRANTY

The E-Commerce Site is provided on an “as is” and “as available” basis, and the Owner makes no express or implied warranties with respect to the Application, nor does it make any warranty that the Application will meet the needs of Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the Owner’s control or due to force majeure events.

The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers. The Holder shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to him, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred. The Holder assumes no responsibility for any fraudulent and illicit 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 data used (credit card number, holder’s name, password, etc.).

The Holder will not be responsible for:

• any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the Holder’s breach of contract;
• incorrect or unsuitable use of the E-Commerce Site by Users or third parties;
• the issuance of erroneous documents or tax data due to errors related to the data provided by the User, the latter being solely responsible for the correct entry.

In no case shall the Owner be held liable for more than twice the amount of the cost paid by the User.

The Holder shall not be liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, to unforeseen and unforeseeable events and, in any event, beyond its control. The Holder’s performance of its obligations shall be deemed suspended for the period during which force majeure events occur. The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.

The E-Commerce Site may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications. Some of these links may refer to third-party sites/applications that provide services through the E-Commerce Site and vice versa. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

The protection and processing of personal data will be done in accordance with the Privacy Policy which can be viewed HERE

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the ‘consumer court’ pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Civil Procedural Code. It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in case of exercise of such right, the procedures and formalities for the communication thereof and the legal guarantee of conformity. For non-Consumer Users, any dispute relating to the application, execution and interpretation of these Terms shall be referred to the courts of the place where the Owner is located.

The User Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to non-judicially resolve any dispute relating to and/or arising out of contracts for the sale of goods and provision of services entered into online. Accordingly, the User Consumer may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/