Legal Area

Introduction

The sale of products under the “EMMY BOO” brand, conducted remotely through the website emmyboo.it (hereinafter referred to as the “Site”), is governed by the following General Terms and Conditions of Sale (hereinafter referred to as the “General Terms”). The products offered on the Site are sold directly by EMMY BOO di Antichi Claudia (hereinafter referred to as “EMMY BOO”). EMMY BOO di Antichi Claudia is a sole proprietorship under Italian law, located at Via Vittorio Emanuele Orlando 7, Catania, VAT number 04439940877. EMMY BOO has decided to establish a distance selling network for its products through the Site in order to meet the needs and expectations of its customers. The list of “EMMY BOO” products available for remote sale can be viewed on the Site.

The use of the remote selling service described in these General Terms is reserved exclusively for consumers (hereinafter referred to as “Customer” or, in the plural, “Customers”) understood as natural persons who act for purposes not attributable to their commercial, entrepreneurial, artisanal, or professional activities, over 18 years of age (or, if minors, authorized by their legal representative).

Resale, rental, or transfer for any commercial or professional purpose of products purchased from the Site is expressly prohibited. These General Terms are published on the Site to allow for their knowledge, as well as storage and reproduction by the Customer, in accordance with Article 12, paragraph 3, of Legislative Decree No. 70 of April 9, 2003 (“Implementation of Directive 2000/31/EC concerning certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”) and subsequent amendments and additions. EMMY BOO may make changes and/or additions to these General Terms at any time. Therefore, the Customer will be required to accept only the General Terms in force at the time of their respective purchase. Any changes and/or additions will be effective only for purchase orders placed after the date of modification and/or addition. The eventual removal of these General Terms from the website emmyboo.it implies the automatic and irrevocable non-applicability, ineffectiveness, and unenforceability of the same against EMMY BOO in relation to purchases made after their removal from the Site, even if such General Terms are still consultable and/or accessible to the public through other websites different from the one mentioned above.

Purchase Procedure

Each product offered for sale on the Site can be viewed via a dedicated link that allows for the viewing of photographic images of the item, the unit price, colors, and different sizes (where available). The information regarding the “EMMY BOO” products offered for sale through the Site is provided in accordance with applicable laws, and, in particular, Articles 49 and 51 of Legislative Decree No. 206 of September 6, 2005, as amended by Legislative Decree No. 21 of February 21, 2014 (hereinafter referred to as the “Consumer Code”). Each sale made by EMMY BOO through the online distance selling service (the “Service”) may involve one or more products. EMMY BOO reserves the right to modify at any time the limits on the quantities and/or types of products that can be purchased through the Service. The Customer is responsible for selecting the items of interest. The description of the products being sold, including measurements or sizes (where available), along with one or more digital images that allow for a correct representation of the products available on the Site, will be included in the Customer’s cart. Although EMMY BOO constantly takes measures to ensure that the photographs displayed on the Site are faithful reproductions of the original products, including adopting every possible technological solution to minimize inaccuracies, some variations may always occur due to the technical characteristics and color resolution capabilities of the computer and/or other devices used by the Customer. Consequently, EMMY BOO will not be responsible for any inadequacy of the graphic representations of “EMMY BOO” products shown on the Site if caused by the aforementioned technical reasons. Furthermore, it should be noted the uniqueness of each product made by hand. To view the selected items and the total price of the purchase order (hereinafter referred to as the “Order”), it is necessary to click on the cart icon. The Customer, before confirming the Order, is required to verify the accuracy of the content of the cart, complete the purchase form according to the instructions provided on the corresponding page of the Site, and confirm having read and accepted these General Terms. The purchase procedure is completed when the Customer selects the “proceed” option (hereinafter referred to as the “Order Confirmation”). The purchase procedure must be fully completed; otherwise, the content of the cart will be deleted without leaving a trace at the end of each purchase session.

If the Customer needs to make changes (for example, to the specified item or the number of items) or to correct any errors in the Order, they must follow the relevant instructions contained on the Site. In the case of Limited Edition products, Monogram line products, custom-made products, and in any case where specific characteristics of the product are requested, the Customer may request a quote through a dedicated contact form and will be contacted by EMMY BOO to evaluate the work and proceed with the purchase. Following the Order Confirmation, the Order will be sent directly to EMMY BOO. The Order will be archived. The Customer can verify the status of their Order as provided in the subsequent Article 6.7. Save for any uses of data for purposes other than the purchase, as described in the Privacy Policy published on the Site and subject to the Customer’s prior express consent, the form containing the Order and the Customer’s data related to that Order will be retained by EMMY BOO for the period of time required by current regulations. At the end of the purchase procedure, it is advisable for the Customer to download, save, or print the General Terms in effect at the time the Order is completed. The Customer, pursuant to Article 51 of the Consumer Code, will also receive an email message (hereinafter referred to as the “Confirmation Email”), at the address indicated in the purchase form, containing confirmation of the terms of the purchase, such as: written confirmation of the ordered product and an indication of its main characteristics, data relating to EMMY BOO as reported in Article 12 of these General Terms, the total price of the product, payment methods or the amount already paid by the Customer, the existence of the right of withdrawal and the related exercise methods, the geographical address for presenting any complaints, and information about support services, the date by which EMMY BOO commits to deliver the ordered product, the existence of the legal warranty of conformity of products, the cost of using the Site, if such cost is calculated on a basis other than the base rate. EMMY BOO reserves the right to refuse Orders placed by a Customer with whom there is an ongoing legal dispute regarding a previous Order, in which case no Order is to be understood as accepted by EMMY BOO and no contract is to be understood as concluded between EMMY BOO and the Customer. EMMY BOO also reserves the right to refuse Orders placed by an unsuitable Customer, including, by way of example, Customers who have violated the general terms and conditions of sale during previous purchases of products from the Site or Customers who intend to purchase the products for purposes related to their own or others’ entrepreneurial or professional activities, or who do not operate based on an actual and genuine interest in purchasing the ordered products, or who abusively exercise the right of withdrawal recognized by the subsequent Article 8 or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind. In such cases, the Order sent by the Customer is to be considered invalid and ineffective. EMMY BOO will communicate to the Customer, by email, the non-acceptance of the Order and the failure to conclude the contract, also taking care to cancel any charges and/or expenses incurred by the Customer.

Product Availability

The Customer acknowledges that some of the products offered by EMMY BOO through the Service are custom-made and personalized. The Customer is therefore aware that some products described on the Site are not subject to stock availability but are made to order.

EMMY BOO reserves the right to change the items for sale on the Site at any time, without prior notice.

Conclusion of the Contract

Following the Order Confirmation, the Order is sent to EMMY BOO for processing and cannot be further modified or canceled, except for the cases expressly provided for in these General Terms or those provided for by applicable Italian law. The Order placed by the Customer will be taken over by EMMY BOO only if the entire purchase procedure has been completed regularly and correctly, without any highlighting of errors by the Site.

The contract concluded between EMMY BOO and the Customer is to be understood as concluded when the Customer receives a Confirmation Email from EMMY BOO informing them that the Order, sent in compliance with the purchase procedure, has been successfully completed. The Order Confirmation also constitutes proof of the Customer’s acceptance of the provisions of these General Terms.

The data recorded on the Site constitutes full proof of the details regarding the transactions that have taken place between EMMY BOO and the Customer. In the event of a dispute between EMMY BOO and the Customer relating to a transaction concluded via the Site, the data recorded by EMMY BOO will serve as full proof of the transaction having taken place.

Price and Payment Method

The prices of all products offered for sale on the Site include VAT. These prices will be indicated in Euro (EUR). The total amount displayed during the purchase procedure includes shipping costs as specified below and shown in the cart. EMMY BOO reserves the right to change the prices of the products offered for sale on the Site at any time and without notice. The prices published on the Site at the time of the Customer’s Order Confirmation will be charged to the Customer.

EMMY BOO accepts only payments made via bank transfer or PayPal. For payments via bank transfer, the Customer confirms and guarantees that they are the holder of the account used for the purchase. The transaction will be charged to the Customer only after they have received the Confirmation Email from EMMY BOO. For payments via PayPal, the Customer confirms and guarantees that they are the holder of the PayPal account used for the purchase. The transaction will be charged to the Customer only after they have received the Confirmation Email from EMMY BOO. If, for any reason, the charge of the amounts owed by the Customer proves impossible, the sales process will be automatically canceled and the sale will be voided. The shipping of the purchased products occurs exclusively after the verification of the data of the credit card used by the Customer, carried out by EMMY BOO with the bank, and the receipt of authorization to charge the said credit card, or following the notification of the successful completion of the transaction, in the case of payment via PayPal. In the event that one or more products are found to be unavailable, only the price and shipping costs relating to the available products will be charged.

Delivery

The products will be shipped to the address indicated at the time of completing the Order, and upon delivery, the signature of the Customer or the legal representative will be required in cases where the Customer is a minor under the age of 18. For security reasons, EMMY BOO cannot process any Order addressed to a P.O. Box nor accept any Order where it is not possible to identify the person receiving the Order and their address.

The shipping costs charged to the Customer are expressly indicated, separately from any other cost or expense, at the conclusion of the Order completion procedure and prior to the Customer’s Order Confirmation. Pursuant to Article 65 of the Consumer Code, EMMY BOO will ask for the Customer’s express consent for any additional payment beyond the total remuneration provided for the main contractual obligation. In accordance with the provision contained in Article 61 of the Consumer Code, EMMY BOO will deliver the purchased products, except in cases of force majeure or fortuitous event, within and no later than 14 days from the date of conclusion of the contract or within the different deadline eventually agreed with the Customer, unless EMMY BOO communicates, within the same deadline, the non-acceptance of the Order or the impossibility of delivering the ordered products following the unforeseen unavailability, even temporary, of the same. In this latter case, EMMY BOO will refund any amounts already paid by the Customer. If EMMY BOO fails to fulfill the obligation to deliver the ordered products within the indicated deadline and in any case within the different deadline eventually agreed upon, the Customer may invite EMMY BOO to deliver within an appropriate additional period based on the circumstances, unless one of the exemptions from this burden applies to the Customer, as provided by Article 61, paragraph 4 of the Consumer Code. The Customer’s right to immediately resolve the contract is reserved, in addition to the right to seek damages, if the ordered product is not delivered within the eventually indicated additional deadline. To expedite the shipment of the ordered products, EMMY BOO reserves the right to split an Order into multiple shipments, based on the availability of the items. In such cases, EMMY BOO will inform the Customer via email or by phone, and the price will be charged separately for the only products actually shipped. In any case, shipping costs will be charged in full as if it were a single shipment.

At the time of departure of the purchased product from EMMY BOO’s warehouse, the Customer will receive an email at the address indicated in the purchase form. EMMY BOO’s Customer Service will assist with any possible problems related to delivery. The Customer can contact EMMY BOO’s Customer Service via email at: orders@emmyboo.it. In accordance with Article 63 of the Consumer Code, the Customer assumes the risk of loss or damage to the ordered products, for reasons not attributable to EMMY BOO, only at the moment when the Customer, or a third party designated by them and different from the carrier, takes physical possession of such products. It is understood that the risk is transferred to the Customer already at the moment of delivery of the ordered products to the carrier if the latter was chosen by the Customer and such choice was not proposed by EMMY BOO, without prejudice to the Customer’s rights against the carrier. In the event that, on the contrary, the loss or damage of the product is attributable to EMMY BOO, the Customer shall have the right to restoration, at no cost, of the product’s conformity through repair or replacement, and in accordance with the applicable regulations, the latter will replace the product free of charge, upon express request of the Customer to be sent to the email address indicated above.

Conformity of Ordered Items

At the time of delivery, the products must be checked by the Customer to ascertain that they correspond to the ordered items and that they do not have manufacturing defects or further conformity defects. The sale of “EMMY BOO” products is subject to the legal guarantees provided by Italian law and, in particular, those provided and regulated by Articles 129, 130, and 132 of the Consumer Code, in addition to any additional conventional guarantees that may be provided to the Customer, unless the requested remedy is objectively impossible or excessively burdensome compared to the other. If one of the cases provided for in Article 130, paragraph 7, of the Consumer Code occurs, the Customer may request a reasonable reduction in price or the termination of the contract. It is understood that the Customer loses this right if they do not report the conformity defect to EMMY BOO within 2 (two) months from the date they discovered the defect. The action aimed at asserting defects not fraudulently concealed by EMMY BOO shall, in any case, be barred after 26 (twenty-six) months from the delivery of the product. In the event of cancellation of the Order, no charge will be made to the Customer. If the charge has already been made, the Customer will be refunded promptly.

The Customer’s request for one of the remedies listed above must be communicated to EMMY BOO by registered mail with return receipt to the following address: EMMY BOO, Via Vittorio Emanuele Orlando 7, 95128 Catania, Italy, and must be preceded by an email to be sent to the following address: customerservice@emmyboo.it.

The Customer’s willingness to take advantage of the warranty provided by the Consumer Code to remedy the conformity defects of the purchased products may be exercised in the manner described above only for defects related to products purchased on the Site.

Right of Withdrawal for Products

Information pursuant to Article 49 of the Consumer Code (Right of Withdrawal) If you are contracting as a Customer, you will have the right to withdraw from the Contract within 14 days without having to provide any reason. The withdrawal period referred to in the previous paragraph ends after 14 days from the day the Customer, or a third party other than the carrier and designated by you, takes physical possession of the goods, or in the case of multiple goods ordered with a single order or Mixed Orders delivered separately, it ends after 14 days from the day the Customer or a third party other than the carrier and designated by you takes physical possession of the last good. To exercise the right of withdrawal, you are required to inform us by writing to EMMY BOO:

email at: orders@emmyboo.it
by phone at +39 3298392840
According to Article 59 letter of the Consumer Code, EMMY BOO products are excluded from the right of withdrawal as they are custom-made or clearly personalized goods. However, EMMY BOO, in order to meet the needs of its customers, will refund 100% of the orders involving custom-made or personalized goods for which a cancellation request has been received within 24 hours from the payment confirmation. This request can be sent via:
email at: orders@emmyboo.it
by phone at +39 3298392840
After this period, without a cancellation request, such orders will be definitively processed – with the consequent procurement of the necessary material for processing – and the purchase of personalized products and custom-made products ordered can no longer be canceled.

Effects of Withdrawal (Refund of Price)

Following withdrawal from this contract, EMMY BOO will refund all payments made by the purchaser. Such refunds will be made using the same payment method used by the customer during the purchase, unless otherwise agreed. In any case, the customer will not incur any cost as a consequence of such refund.

Limitation of Liability

Outside of cases of willful misconduct or gross negligence, EMMY BOO shall not be liable in any way to the Customer for indirect or consequential damages that may arise from the purchase of products offered for sale on the Site.
Authenticity of products and intellectual property rights

EMMY BOO guarantees the authenticity and high quality of all products offered for sale on the Site. The EMMY BOO brand is and remains the exclusive property of EMMY BOO located at Via

Vittorio Emanuele Orlando 7, 95128 Catania, Italy. The total or partial reproduction, modification, tampering, or use of these trademarks, illustrations, images, and logos, for any reason and on any support, without the prior express agreement of EMMY BOO is strictly prohibited.

Disputes

These General Terms are governed by Italian law and will be interpreted accordingly, without prejudice to any different mandatory rule more favorable to the Customer applicable in the Customer’s country of habitual residence. In the event of a dispute arising from the interpretation and/or application of these General Terms, the exclusive and mandatory jurisdiction shall be that of the court of the Customer’s domicile or residence, if located in the territory of the Italian State. If the domicile or residence of the Customer is located in a territory other than the Italian State, the Customer may choose to refer to the court of their place of residence or domicile or the Court of Catania.

Scalapay

“If you buy with Scalapay, you receive your order immediately and pay in the number of installments you have chosen. Note that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and you authorize this assignment.”

Contacts

For any complaints, further information, or assistance related to the Site or the purchase procedure, and in any case, for any requests for information and/or clarifications regarding what is reported in these General Terms, Customers can send an email to the following address: info@emmyboo.com or contact the Client Service Web at Via Vittorio Emanuele Orlando 7, 95128 Catania, Italy.