Terms of service

STANDARD CONTRACT FOR THE ONLINE SALE OF CONSUMER GOODS

THE PURCHASER EXPRESSLY DECLARES THAT THE PURCHASE IS BEING MADE FOR PURPOSES OUTSIDE OF THE COMMERCIAL OR PROFESSIONAL ACTIVITY CARRIED OUT.

Supplier Identification

The goods which are the subject of these general conditions are put up for sale by Emporio Sicilia Atelier srls with headquarters/branch inVia Nunzio Morello 21, 90144 Palermo, Italy, registered at the Chamber of Commerce of Palermo with number REA: PA - 448723, tax code / VAT number 07279830827

hereinafter referred to as “Supplier”.

Art. 1

Definitions

1.1.The term “online sales contract” means the sales contract relating to the Supplier's tangible movable goods, stipulated between the Supplier and the Buyer within the scope of a remote sales system via telematic tools, organised by the Supplier.

1.2.The term “Purchaser” refers to the consumer, a natural person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.3.The term “Supplier” refers to the entity indicated in the epigraph or the entity providing the information services.

Art. 2

Object of the contract

2.1.With this contract, respectively, the Supplier sells and the Buyer purchases remotely via telematic tools the tangible movable goods indicated and offered for sale on the site https://emporiosiciliaatelier.com/.

2.2.The products referred to in the previous point are illustrated on the web page:https://emporiosiciliaatelier.com/collections.

Art. 3

How to enter into a contract

3.1.The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer accessing the addresshttps://emporiosiciliaatelier.com/, where, following the procedures indicated, the Buyer will formalise the proposal for the purchase of the goods and the contract for the purchase of the goods referred to in point 2.1 of the previous article.

Art. 4

Conclusion and effectiveness of the contract

4.1.The purchase contract is concluded by correctly filling in the request form and consenting to the purchase expressed through the adhesion sent online or by filling in the form/module attached to the electronic catalogue online at the addresshttps://emporiosiciliaatelier.com/cartand the subsequent sending of the form/module itself, always after viewing a printable order summary web page, which contains the details of the person placing the order and the order, the price of the goods purchased, the shipping costs and any additional charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.

4.2.When the Supplier receives the order from the Buyer, it will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the data referred to in the previous point.

4.3.The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.

Art. 5

Payment and refund methods

5.1.Each payment by the Buyer may only be made using one of the methods indicated on the specific web page by the Supplier.

5.2.Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, promptly and, in the event of exercising the right of withdrawal, as regulated by art. 13, point 2 and following of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself.

5.3.All communications relating to payments take place on a dedicated line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.

Art. 6

Delivery times and methods

6.1.The Supplier will deliver the selected and ordered products, using the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point

6.2.Shipping times may vary from the same day of the order to a maximum of 3 working days from the confirmation of the order. In the event that the Supplier is not able to ship within the said time frame but, in any case, within the time frame indicated in the following point, the Buyer will be promptly notified by email.

6.3.The shipping methods, times and costs are clearly indicated and highlighted in the information sheet for each product and on the site itself.

Art. 7

Prices

7.1.All sales prices of the products displayed and indicated on the websitehttps://emporiosiciliaatelier.com/are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code

7.2.The sales prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the Buyer and also included in the web page summarizing the order placed.

7.3.The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.

Art. 8

Availability of products

8.1.The Supplier ensures, through the telematic system used, the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.

8.2.If an order exceeds the quantity available in the warehouse, the Supplier will notify the Buyer via email whether the item is no longer available for order or what the waiting times are to obtain the item chosen, asking whether the Buyer intends to confirm the order or not.

8.3.The Supplier's IT system confirms the registration of the order as soon as possible by sending the User a confirmation by email, pursuant to point 4.2.

Art. 9

Limitation of Liability

9.1.The Supplier assumes no responsibility for disruptions attributable to force majeure in the event that it is unable to execute the order within the timeframes set out in the contract.

9.2.The Supplier shall not be held liable towards the Buyer, except in the case of fraud or gross negligence, for any disservices or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.

9.3.Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to the full refund of the price paid and any additional costs incurred.

9.4.The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment for the products purchased, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.

9.5.In no event shall the Buyer be held liable for delays or errors in payment if he can demonstrate that he has made the payment within the time and manner indicated by the Supplier.

Art. 10

Liability for defects, proof of damage and compensable damages: the obligations of the Supplier

10.1.Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to communicate to the Damaged Party, within 3 months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods.

10.2.The aforementioned request, by the Damaged Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if it still exists.

10.3.The Supplier may not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to a mandatory legal provision or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

10.4.No compensation will be due if the Injured Party was aware of the defect in the product and of the danger resulting from it and nevertheless voluntarily exposed himself to it.

10.5.In any case, the Injured Party will have to prove the defect, the damage, and the causal connection between the defect and the damage.

10.6.The Injured Party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and is thus mainly used by the Injured Party.

10.7.The damage to property referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).

Art. 11

Guarantees and assistance methods

11.1.The Supplier is liable for any lack of conformity that becomes apparent within 12 months of delivery of the goods.

11.2.For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:to) are suitable for the use for which goods of the same type are normally used;b) conform to the description given by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model;c) have the quality and performance which are normal in goods of the same type and which the Consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, particularly in advertising or on labelling;d) are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller by the latter moment of conclusion of the contract and that the Seller has also accepted by conclusive facts.

11.3.The Buyer loses all rights if he does not report the lack of conformity to the Seller within 12 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has hidden it.

11.4.In any case, unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within 12 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

11.5.In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

11.6.The request must be sent in writing, by registered mail, to the Supplier, who will indicate his willingness to comply with the request, or the reasons that prevent him from doing so, within 7 working days of receipt.

In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the shipping or return methods of the goods as well as the expected deadline for the return or replacement of the defective goods.

11.7.If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the term indicated in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his discretion, an appropriate reduction in the price or the termination of the contract. In this case, the Buyer must send his request to the Supplier, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within 7 working days of receipt.

11.8.In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate the methods for re-crediting the sums previously paid to the Supplier.

Art. 12

Obligations of the Buyer

12.1.The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.

12.2.The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.

12.3.The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase confirmation.

Art. 13

Right of withdrawal

13.1.In any case, the Buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of14(fourteen) working days, starting from the day of receipt of the purchased goods.

13.2.In the event that the professional has not fulfilled the information obligations on the existence, methods and times of return or collection of the goods in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and runs from the day of receipt of the goods by the Consumer.

13.3.If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by email to the email addressemporiosiciliaatelier@gmail.comor using the contact form presenton the returns page. For the purposes of exercising the right of withdrawal, sending the communication may be validly replaced by returning the purchased item, provided that it is within the same terms. The delivery date to the post office or the forwarding agent will be valid between the Parties.

13.4.The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the goods themselves. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.

13.5.The Buyer cannot exercise this right of withdrawal for contracts for the purchase of sealed audiovisual products or computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, for the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case provided for by art. 55 of the Consumer Code.

13.6.The only costs owed by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of receiving and returning the goods to the Supplier.

13.7.The Supplier will refund the entire amount paid by the Buyer free of charge, net of shipping costs and, if applicable, cash on delivery collection costs within 30 (thirty) days of receiving the notice of withdrawal.

13.8.Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided in the previous points of this article.

Art. 14

Causes for termination

14.1.The obligations referred to in point 12.1, undertaken by the Buyer, as well as the guarantee of successful payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations undertaken by the Supplier in point 6, are essential, so that, by express agreement, the failure to fulfill even one of said obligations, where not determined by fortuitous event or force majeure, will result in the termination of the contract by right.formerart. 1456 cc, without the need for a judicial ruling.

Art. 15

Protection of confidentiality and processing of Buyer data

15.1.The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation on the basis of multiple legislative systems, including articles 13 and 14 of Regulation (EU) 2016/679.

15.2.The personal and fiscal data acquired directly and/or through third parties by the Supplier Style Tex srl, data controller, are collected and processed in paper, computer and telematic form, in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best perform the requested service (articles 13 and 14 of Regulation (EU) 2016/679).

15.3.The Supplier undertakes to treat confidentially the data and information transmitted by the Buyer and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be exhibited only upon request of the Judicial Authority or other authorities authorized by law.

15.4.Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.

15.5.The Buyer enjoys the rights set out in Articles 13 and 14 of Regulation (EU) 2016/679, namely the right to obtain:

to) the updating, rectification or, when there is interest, the integration of the data;

b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;

c) the certification that the operations referred to in the lettersto) Andb) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected. The interested party also has the right to oppose, in whole or in part: i) for legitimate reasons, the processing of personal data concerning him/her, even if pertinent to the purpose of the collection; ii) the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.

15.6.The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. In the absence of this, the Buyer's request cannot be processed.

15.7.In any case, the acquired data will be stored for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case be done in a secure manner.

15.8.The owner of the collection and processing of personal data is the Supplier, to whom the Buyer may address any request at the company headquarters.

15.9.Anything that may arrive at the Centre's email address (including email) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not infringing the rights of others and truthful. In any case, the Centre cannot be held responsible for the content of the messages themselves.

Art. 16

Contract storage methods

16.1.Pursuant to articles 13 and 14 of Regulation (EU) 2016/679, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier's premises according to confidentiality and security criteria.

Art. 17

Communications and complaints

17.1.Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: Via Nunzio Morello 21, 90144, Palermo or sent by e-mail to the following addressemporiosiciliaatelier@gmail.comor through the contact form on the page https://emporiosiciliaatelier.com/contact. The Buyer indicates in the registration form his/her residence or domicile, telephone number or email address to which he/she wishes the Supplier's communications to be sent.

Art. 18

Dispute resolution

18.1.All disputes arising from this contract will be referred to the Chamber of Commerce of Chieti Pescara and resolved according to the Conciliation Regulation adopted by the same.

18.2.If the Parties intend to bring the matter before the ordinary judicial authorities, the competent court is that of the place of residence or elected domicile of the Consumer, which is mandatory pursuant to art. 33, paragraph 2, letter.u) of Legislative Decree 206/2005.

Art. 19

Applicable law and reference

19.1.This contract is governed by Italian law.

19.2.For anything not expressly provided for herein, the provisions of law applicable to the relationships and situations provided for in this contract shall apply, and in particular art. 5 of the Rome Convention of 1980.

19.3.Pursuant to art. 60 of Legislative Decree 206/2005, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.

Art. 20

Final clause

This Agreement supersedes and replaces any prior agreement, understanding, negotiation, written or oral, between the Parties and relating to the subject matter of this Agreement.