Terms and Conditions

General Conditions of Use, Sale and Rental

Emmina SRL (Emma Villas Plus) and/or its affiliates provide you with the functionalities of the site  and other products and services when you visit or make purchases on emmavillasplus.com (the “site”), use Emmina SRL products or services. Emmina provides the Emma Villas Plus Services under the following terms and conditions (“General Conditions of Use, Sale and Rental”). Emma Villas Plus is the commercial name of EMMINA SRL.

  • I) GENERAL CONDITIONS OF USE
  • II) GENERAL CONDITIONS OF SALE
  • III) GENERAL  CONDITIONS OF RENTAL

I) GENERAL CONDITIONS OF USE

We ask you to read carefully these general conditions of use (“General Conditions of Use”) before using the Services of Emmina SRL. By using the Services provided by Emmina SRL, you fully accept these General Conditions of Use. We offer a wide range of Services and sometimes you may be subject to additional terms and conditions. If you should use a Service (for example: Your Account, Your Wall or the Promo-codes), you will also be subject to the terms, guidelines and general conditions applicable to that Service.

Notification and procedure form for reporting violations of rights.

1.PRIVACY

We invite you to consult our Privacy Policy and our policies on Cookies and Internet
Advertising that regulate your address of the services of emmavillasplus.com, to understand our procedures.

2.ELECTRONIC COMMUNICATIONS

When you use the emmavillasplus.com Services or send us e-mails, text messages (SMS) and other communications from your computer, you communicate with us electronically. We can communicate with you in various ways, for example by e-mail, text messages (SMS) or by posting messages and communications on the site. Subject to the specific legal provisions of an imperative nature, for the purposes of this contract, you agree to receive communications from us electronically and you acknowledge that all contracts, notifications, information and other communications that we provide you in electronic form meet the requirement of the written form, when required by law.

3.COPYRIGHT AND RIGHTS ON DATA BANKS

All content present or made available through the Emmavillasplus.com Services in the form     of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections  are the property of Emmina SRL or its suppliers of contents and are protected by the laws of the Italian Republic and by the international laws on copyright and database rights. The list of all contents present or made available through the emmavillasplus.com Services is the exclusive property of Emmina SRL and is protected by  the laws of the Italian Republic and by the international laws on copyright and database rights.

It is not permitted to extract and/or systematically re-use parts of the emmavillasplus.com Services without the express written consent of Emmina SRL. In particular, it is not permitted to use data mining, robots or similar acquisition or extraction devices to extract (one or more times) in order to re-use any substantial part of any Emmavillasplus.com Services, without our express written consent. You also may not create and/or publish your own database that reproduces substantial parts (eg prices and product lists) of the   emmavillasplus.com Services without the express written consent of Emmina SRL.

4.TRADEMARKS

Click HERE to view a non-exhaustive list of the trademarks present in emmavillasplus.com. In addition, the graphic material, logos, page headers, icon buttons, fonts and  trademarks for    service included or made available through any of the emmavillasplus.com Services are trademarks or distinguishing marks of Emmina SRL. The trademarks and distinguishing marks of Emmina SRL may not be used in relation to products or services that are not owned by Emmina SRL, in such a way as to generate confusion among clients or that in any way may denigrate or discredit Emmina SRL. All other trademarks not owned by Emmina SRL that appear on any of the emmavillasplus.com Services are the property of their respective owners, which may or may not be connected.

5.LICENSE FOR ACCESS TO EMMAVILLASPLUS.COM SERVICES

Provided that you comply with these General Terms of Use, the Terms of Service, and that you pay any applicable fees, Emmina SRL or its content provider will grant you a limited, non-exclusive, non transferable and non-sublicenseable license to access the emmavillasplus.com Services and to make personal use thereof.

This license does not include any right of resale or commercial use of each emmavillasplus.com Service or of its contents, nor the right to collect and use lists,    product descriptions or prices, to make a derivative use of the emmavillasplus.com Services or their contents, to make any kind of download or copy of account information for the benefit of another seller or to use data mining, robots or similar data acquisition and extraction devices.  All rights not expressly conferred by these General Conditions of Use or by the Terms of Service remain with Emmina SRL or its licensors, suppliers, publishers, owners or other providers of services.

It is not possible to reproduce, duplicate, copy, sell, re-sell, visit or otherwise utilise for any commercial use the emmavillasplus.com Services in whole or in part without our express written consent. It is not possible to proceed with framing or to utilise framing techniques to    improperly take possession of any trademark, logo or other proprietary information (including images, text, page settings or format) of Emmina SRL in the absence of express written consent from us. You may not use any meta tags or any other “hidden text” using the name or trademarks of Emmina SRL without our express written consent. You may not use the emmavillasplus.com Services improperly. You may use the emmavillasplus.com Services exclusively within the limits established by law. The violation of these General           Terms of Use or the Terms of Service will result in the revocation of the authorisation or license issued by Emmina SRL.

6.YOUR ACCOUNT

If you use the emmavillasplus.com Services, you are required to keep your account and    password confidential and to control access to your computer and devices and to accept, within the limits permitted by applicable law provisions, that you are held responsible for all the activities that will be carried out with your account and your password. You undertake to      take all necessary precautions to ensure that your password remains secure and confidential   and you undertake to inform us immediately if you have reason to believe that any third   party is aware of your password, or if your password is, or presumably about to be, used in any unauthorised way. You are responsible for ensuring that the information you provide us is correct and complete and to notify us immediately of any changes to the information you have provided. You will be able to access and update most of the information provided in the My Account section.

You may not use the emmavillasplus.com Services: (1) in a manner that causes, or may cause, interruption, damage or malfunction to the emmavillasplus.com Services and to its functionalities, or (2) for raudulent purposes or otherwise to commit illicit activities, or (3) to cause disturbance, prejudice or apprehension.

We reserve the right to prevent access to the site and/or emmavillasplus.com Services, to suspend or terminate an account, to remove or modify the contents of the site at our discretion, in the case of violation of the applicable legal regulations, of these General Conditions of Use or of the applicable guidelines or policies.

7.REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

It is permitted to post reviews, comments and other communications and submit suggestions, ideas, comments, questions or other information, provided the content is not illicit (namely obscene, abusive, intimidating, defamatory, does not violate privacy, intellectual property rights or is not otherwise offensive to Emmina SRL and/or third parties     or is deplorable and is not or however does not contain viruses, political propaganda, commercial solicitation, chain letters, mass e-mail or any other form of spamming). You may not use a fake e-mail address, pretend to be another person or subject. Emmina SRL reserves the right to operate at its own discretion and not necessarily to remove or modify  this content. If you believe that a content or a sales advert published on the site or used within the emmavillasplus.com Services contains a defamatory statement or that your intellectual property right has been violated by an article or information on the site or used in the context of the emmavillasplus.com Services, we invite you to complete and send us the Notification Form and we will act promptly.

If you decide to send content or materials you will, at the same time, grant: (A) Emmina SRL the non-exclusive, free, sublicensed and transferable right to third parties, to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and to show this content in any part of the world through any means of communication and (B)     Emmina SRL, its sub-licensees and assignees, the right to use, at their discretion, the name you use in relation to them. Your moral copyright is protected. You agree that the  aforementioned rights granted to us are irrevocable for the entire duration of your intellectual property rights associated with such content and material.

You declare and guarantee that you own, personally or otherwise, the property or in any case the availability of all the rights related to the content of what you publish; that, on the date that the content or material is published: (1) the content and material are accurate and relevant; and (2) the use of the content and material you provide does not conflict with any   of the applicable policies and guidelines of Emmina SRL and that such use does not cause prejudice to third parties. Except in cases where any responsibility is due to the non-removal of illegal content following the receipt of a Notification Form, you undertake to indemnify  Emmina SRL from all legal actions taken by third parties against Emmina SRL, deriving  from or in any case connected to the content and material supplied by you.

8.VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS

Emmina SRL respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that could lead to possible violations, follow the procedure for reporting violations of intellectual property rights.

9.THIRD-PARTY ACTIVITIES

Subjects other than Emmina SRL manage products and/or provide services on this site. We    are not responsible for the control or evaluation of these commercial operators or of these subjects or of the content of their sites, nor do we offer guarantees on their sales proposals. Emmina SRL cannot in any way be held responsible for the actions, products and contents    of all these subjects or of any third party. You may inform us when a third party is involved in your transactions and we will be able to share information about transactions with these parties. We encourage you to carefully review their privacy policies and other terms of use.

10.OUR RESPONSIBILITY

It will be our responsibility to do our best to ensure that access to the emmavillasplus.com Services is provided without interruption and that the transmissions are made without errors. However, due to the nature of the Internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. In addition, your access to the emmavillasplus.com Services may also occasionally be suspended or restricted to allow for repair, maintenance or the introduction of new activities or services. We will endeavor to limit the frequency and duration of these suspensions and limitations.

Emmina SRL shall not be liable (1) for losses that are not the result of our violation of these general conditions or (2) for any loss of commercial opportunity (including lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred expenses) ) or (3) for any other indirect or consequential loss that was not reasonably foreseeable both by you and us at the time you started using the emmavillasplus.com Services.

We shall not be liable for any delay or non-fulfillment of the obligations set forth in these general conditions if the delay or non-fulfillment derives from fortuitous circumstances or force majeure. This provision does not affect your rights deriving from the law and in    particular your right to receive the purchased goods within a reasonable time (except for the “villa services” section that must be delivered based on the client’s arrival date) or to be reimbursed in the case of non-delivery due to circumstances deriving from a fortuitous event or due to force majeure. The legal provisions in force in some states may prohibit the limitations of liability now indicated. In the event that these provisions are applicable, the  limitations of liability now indicated will have no effect and further rights may be recognized. None of the provisions contained here limits or excludes our liability in the event of death or personal injury caused by our negligence or caused by intent or gross negligence

11.APPLICABLE LAW AND COMPETENT COURT

These General Terms and Conditions of Use are regulated and must be interpreted in accordance with Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. All parties agree to accept the exclusive jurisdiction of the Court of Siena.

The European Commission provides a platform for online dispute resolution, which you can access through this link: http://ec.europa.eu/consumers/odr/. In case you want to bring a question to our attention, we ask you to contact us.

12.MODIFICATIONS OF THE SERVICE OR VARIATIONS OF THE CONDITIONS

In order to offer new products or services or to comply with legal and regulatory provisions, we reserve the right to modify the emmavillasplus.com Services, the policies, these General Conditions of Use and the terms of the Service. You will be subject to the updated policies and terms of the General Conditions of Use  in force at the time when you use the  emmavillasplus.com Services. If any provision of these conditions is held to be invalid, null or for any reason unenforceable, this condition will not affect the validity and effectiveness  of the other provisions.

13.MINORS

We do not sell products to minors. We sell products for children that can only be purchased o by adults. If you are under the age of 18, you can use the emmavillasplus.com Services only by involving a parent or guardian.

14.NOTIFICATION FORM AND PROCEDURE FOR SIGNALING VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS

If you believe that your intellectual property rights have been infringed, you can complete and submit the Notification Form. We respond promptly to the holders of intellectual property rights  who complete and submit the Notification Form to communicate alleged violations.

Upon receipt of a Notification Form, we will be able to take the various initiatives which we  consider the most adequate as, for example, removing information or an article, without implying admission of responsibility and without prejudice to any other of our rights, remedies or defenses  which we expressly reserve to exercise. When sending a Notification Form, you grant Emmina SRL the right to use, reproduce, modify, adapt, publish, translate, create derivative works and show the contents of said Notification Form in any part of the   world by any means of communication. This includes the right to send the Notification Form to the subjects involved in the provision of the content considered illegal. You commit to indemnify Emmina SRL from all actions of third parties against Emmina SRL arising from, or related to, the submission of a Notification Form.

Important Warning: providing false, misleading or inaccurate information in the  Notification Form may give rise to civil and/or criminal liability. For any questions, we invite you to consult a lawyer.

15.ADDITIONAL TERMS FOR THE EMMINA SRL SOFTWARE

  1. Use of the emmavillasplus.com site. You can use the emmavillasplus.com site only for the purpose of using the emmavillasplus.com Services within the limits of the General Conditions of Use,  of these Additional Terms for the emmavillasplus.com site as well as of the Terms of Service. You may not incorporate any part of the emmavillasplus.com site in your programmes or compile parts of the same in combination with your programmes, you may not transfer the emmavillasplus.com site to use it in relation to another service, or sell, rent or hire out, distribute or sublicense or otherwise assign any rights to the emmavillasplus.com site in whole or in part. You may not use the emmavillasplus.com site for illicit purposes. We can stop entry and therefore use of the emmavillasplus.com site             at any time. Your right to use the emmavillasplus.com site will be automatically revoked, without any prior notice from us, in the event of your failure to comply with the provisions of these Additional Terms for the  emmavillasplus.com site, of the General Conditions of Use or of the Terms of the Service. The emmavillasplus.com site may be subject to the application of additional terms and conditions of third parties, indicated in the relative documentation. These provisions will prevail in the case of conflict with the General Conditions of Use. The software used on the emmavillasplus.com site is the property of  Emmina SRL or of its software suppliers and is protected by the laws of the Italian Republic and by international copyright laws.
  2. Use of third-party services. When you use the emmavillasplus.com site, you may also use services provided by third parties, such as the wireless service or a mobile phone platform. The use of services provided by third parties may be subject to the policies, conditions of use and fees of such parties.
  3. Prohibition of “reverse engineering”. You may not copy, modify, perform “reverse engineering” activity, decompile or disassemble or otherwise intervene on the emmavillasplus.com site in whole or in part or create derivative works from or of the   emmavillasplus.com site, or encourage, assist or support other subjects to effect these   activities.
  4. Updates. In order to keep the emmavillasplus.com site up-to-date, we may provide automatic or manual updates at any time and without notice.

16.OUR CONTACTS

This site is managed and owned by Emmina SRL. General conditions of use relating to other emmavillasplus.com Services can be consulted on this site.

Emmina SRL: registered and administrative office ZONA P.A.I.P. LOC. LE BIFFE  postcode 53043 Chiusi (SI)
VAT 01233860525 / Tax Code 01233860525 / REA  SI-131240 / Share Capital € 30,000.00

            Pursuant to and for the purposes of the second paragraph of art. 1341, second paragraph, c.c., the parties, after careful reading, specifically approve the clauses:

            °   No. 7   –  Reviews, comments, communications and other content,
            °   No. 11 –  Applicable law and competent court,
            °   No. 12 –  Modifications of the service or variations of the conditions,
            °   No. 15 – Additional terms for Emmina SRL software.

            We ask you to read these conditions carefully before using the emmavillasplus.com Services.  By using the emmavillasplus.com Services, you fully accept these terms and conditions.

II)GENERAL CONDITIONS OF SALE

 These general conditions of sale govern the sale of products and, where applicable, services through the emmavillasplus.com site when Emmina SRL acts as a seller (“General Conditions of Sale”). The sale of products by third party vendors will be governed by the terms and conditions of sale applicable from time to time. We offer a wide range of services and sometimes you may be subject to additional terms and conditions. If you use any Service on emmavillasplus.com (for example: Your Account, Promo-codes and/or Your Wall), you will also be subject to the terms, guidelines and general conditions applicable to that particular service (“Terms of Service”).

WE INVITE YOU TO READ CAREFULLY  THESE GENERAL CONDITIONS OF SALE BEFORE MAKING ANY PURCHASE. BY MAKING ANY PURCHASE, YOU WHOLLY AGREE WITH THESE GENERAL CONDITIONS OF SALE.

 1.OUR CONTRACT

 The presentation of products and services on the emmavillasplus.com site constitutes an invitation to offer.

If you wish to purchase one or more products, you can select them one by one, adding them to your cart. Once you have selected all the items you wish to purchase, you can close your cart and submit the order. At this point there will appear a summary page of the products you have selected, their price and options (with the relative costs) of delivery if provided. You will be asked to choose the preferred solution for delivery, transport and payment method.

At the bottom of the cart page, you will find a small square next to the “BUY” button, which you will have to select in order to proceed with the order.

Your order will then be considered as your purchase contract proposal addressed to Emmina SRL for the listed products, each considered individually. Upon receipt of your order, we will automatically send you a message confirming receipt of the order (“Order Receipt”). The Order Receipt does not constitute acceptance of your purchase proposal. With the sending of the Order Receipt, in fact, we only confirm our having received the order and to have submitted it to a process of data verification and of availability of the products requested by you. The sales contract with Emmina SRL will end only when we send you a separate e-mail or when we post a message on “Your Wall” of your purchase proposal which    will also contain information related to the shipment of the product and the expected date of delivery (“Shipping Confirmation”). In the event that your order is to be processed through multiple shipments, you may receive separate Shipping Confirmations. For more information on payment authorisation, see the dedicated help page. However, the right of withdrawal is subject to the terms and conditions set forth in the following art. 2. The right of withdrawal does not apply to certain categories of products including, without limitation, food products, sealed products, digital products or software not provided on a tangible medium (such as CD or DVD) once download or use has begun.

You agree to receive invoices in electronic form. These documents will be available in PDF format in the My Account section of the emmavillasplus.com site. Issue of the electronic invoice related to an order will be communicated to you in the Order Confirmation. For more information on electronic invoices and how to obtain the document, consult the dedicated help page.

All orders placed on the site must correspond to normal consumption needs. This requirement is applied both in relation to the number of products purchased with a single order and in the case of multiple orders relating to the same product even in the case in which each order includes a quantity of products corresponding to normal consumption needs.

2.EMMINA SRL RIGHT OF WITHDRAWAL, EXCEPTIONS AND POLICIES OF RETURN

Subject to the exceptions indicated below, you have the right to withdraw from the order, without giving any reason, within 14 days from the day you received the product ordered (or the last product, lot or piece in the case of multiple goods, lots or  pieces delivered separately) or from the conclusion of the contract (including for example, but not limited to, contracts for the supply of digital content not provided on a tangible medium, such as a CD or DVD). If you have entrusted the collection to a person of your trust, your right of withdrawal begins on the day of delivery of the product to the person designated by you, other than the courier.

You must notify Emmina SRL Zona P.A.I.P. Loc. Le Biffe 53043 Chiusi (SI), the exercise of the right of withdrawal (1) following the instructions available in the Returns Centre, (2) using the Contact Us function or (3) using this form. If you use the Returns Centre, we will send you a message with confirmation of receipt.

In order to exercise the right of withdrawal, it is necessary that the relative communication be sent before the expiry of the 14-day period and that the product be returned to Emmina SRL through the instructions available on the online returns page.

For more information on the right of withdrawal and operating instructions, Contact Us

2.1EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL

We will refund all payments received in relation to the product for which you have exercised the right of withdrawal, including shipping costs related to the cheapest shipping method offered by Emmina SRL, within 14 days from the day we received the communication relating to the exercise of the right of withdrawal. We will make the refund with the same payment method that you used to place the order, unless you have expressly agreed otherwise. In any case, you will not incur any costs as a consequence of such reimbursement. We may withhold the refund until we have received the product or until you   have provided proof that you have returned it to Emmina SRL, depending on which situation   occurs earlier. Please note that you are required to return the products to us following the instructions available on our dedicated returns page within 14 days from the day you    notified the withdrawal. You will have to bear the direct costs for returning the products. You could be held responsible for the decrease in the value of the goods resulting from the manipulation of the same (different from that necessary to establish the nature, characteristics and functioning of the goods), for this Emmina SRL, in the case in which you             evaluate the decrease in value of the product given by the manipulation of the same, will retain from the reimbursement a portion equal to 20% of the total cost of the product itself.

2.2EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

 The right of withdrawal does not apply in the case of:

° the supply of sealed goods which are not suitable for being returned for hygienic reasons or related to health protection and which have been opened after delivery or in the case of the supply of products which, after delivery, are inseparably mixed with other goods;
° supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;
° supply of tailor-made or clearly customised goods;
° supply of goods that risk rapidly deteriorating or expiring;
° service contracts after the complete rendering of the service by Emmina SRL, if you have expressly permitted the execution of the service by us accepting the loss of the right of withdrawal following the full execution of the contract;
° supply of digital content (including applications, software, e-books, MP3s, etc.) through   non-tangible support (for example a CD or DVD) if at the time of placing the order you have expressly permitted at the beginning of the execution by accepting the loss of the right of  withdrawal as a consequence of the start of execution;
° provision of newspapers, periodicals and magazines with the exception of subscription    contracts for the supply of such publications;
° supply of alcoholic beverages, whose price has been agreed upon at the time of conclusion of the contract of sale, whose delivery can only take place after thirty days and whose actual value depends on market fluctuations that cannot be controlled by Emmina SRL.
° supply of food products, and all products that are part of the landscape of food that can rapidly deteriorate or expire.

3.PRICES AND AVAILABILITY

All prices are inclusive of the applicable VAT in accordance with the law.

Information on the availability of the products we sell are listed on the site, as well as on the presentation page of each product. In addition to the information provided on this page or        elsewhere on the site, we are not able to give more precise information about the availability  of products. Please consider that the estimated delivery and delivery times of the products are purely indicative and it is not possible to rely entirely on them. Once we have received your order, we will notify you by e-mail or by posting a notice on your wall if some of the products ordered by you are not available.

Despite all our efforts, we can not exclude that for a small part of the products in our catalogue, a price different from the actual one is indicated by mistake. In any case, we will check the correctness of the prices of the products during the verification process of the order and subsequent shipment of the products. If, due to mistakes or other inconveniences, the price indicated on the site is lower than the correct sale priceof a product, we will contact you to check whether you wish to purchase the product at the correct price. Otherwise your order cannot be accepted. If the correct price of a product is lower than that indicated on the site, we will charge you only the correct lower price and we will send you the product in any case.

4.CUSTOMS

 Should the goods ordered by Emmina SRL be delivered from outside Italy, you may be subject to import duties and taxes, payable once the parcel reaches the specified destination. Any additional cost of customs clearance will be at your expense. We do not control these costs and cannot predict the amount. Customs policies vary considerably from country to country and you should therefore contact your local customs office for further information. Please also note that when you place orders on the site, you are considered an importer and you are therefore required to comply with all the legislation and regulations of the country in which you receive the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international clients and our clients who ship products abroad to be aware that deliveries across borders are subject to the opening and inspection of products by customs authorities. For more information, please read the customs information.

5.GUARANTEES ON PRODUCTS SOLD BY EMMINA SRL AND LIMITATIONS OF LIABILITY

The warranty regime on products sold by Emmina SRL differs according to whether the purchaser is a “consumer” or a “professional” in accordance with Directive 1999/44/EC concerning “certain aspects of sales contracts and guarantees relating to consumer goods”.

If you purchase as a “consumer”, you benefit from the legal warranty of conformity to which the seller is bound by law on all goods sold (“Legal Warranty”).

The Legal Warranty – to which Emmina SRL is held as seller – guarantees the goods from defects of conformity with respect to the contract of sale.

In accordance with the law, in the case of applicability of the Legal Warranty, you will be entitled to restoration without charge of the conformity of the goods through repair or replacement or, if this should not be possible, to a reduction of the purchase price or the termination of the contract. Emmina SRL therefore answers for lack of conformity if the same should occur within two years from the date of delivery of the goods. You must still report the lack of conformity within two months of its discovery.

You can find more information on the rules of operation and management of the Legal Warranty, with examples of cases, by visiting our Legal Warranty section or by Contacting Us.

If you should find a lack of conformity on the goods purchased by Emmina SRL during the period of validity of the Legal Warranty, we ask you to Contact Us.

Within the limits permitted by law, Emmina SRL declines any responsibility in the case that the delivered product does not comply with the legislation of the country of delivery other than Italy.

Emmina SRL will not be liable in the case of delay in delivery of goods purchased due to insufficient stock at the publisher or supplier.

We shall not be liable for any non-substantial differences between the purchased goods and their illustrative images and text descriptions posted on our site.

Except in the case of willful misconduct or gross negligence, we are solely responsible for any direct and foreseeable damage at the time of conclusion of the contract of sale. We will therefore not be liable for any losses incurred, loss of earnings or any other damage which is not an immediate and direct consequence of our non-performance or which could not be foreseen at the time of conclusion of the contract of sale. Emmina SRL is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the products sold on the site.

Emmina SRL authorizes third-party sellers to exhibit and sell their products through the emmavillasplus.com site. On each page of products displayed for sale on the emmavillasplus.com site it is indicated when the product is sold by third party sellers and not by Emmina SRL. In the quality of supplier of the e-commerce site, Emmina SRL facilitates transactions that occur on the site but is not part of the contract for the sale of goods sold by these third-party sellers. The seller is solely responsible for the sale of the products and must deal directly with any complaints or problems concerning or relating to  the contract between the buyer and the seller, including taking charge of the obligations of legal Warranty.

6.APPLICABLE LAW AND COMPETENT COURT

These General Conditions of Use are regulated and must be interpreted in accordance with Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. All parties agree to accept the exclusive jurisdiction of the Court of Siena.

7.MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE

In order to offer new products or services or to comply with statutory and regulatory  provisions, we reserve the right to modify the Emmavillasplus.com Services, policies and these General Conditions of Sale at any time. You will be subject to the updated policies and terms of the General Conditions of Sale  in force  when orders are produced by us, unless changes to these policies and terms are required by applicable law or competent  authorities (in which case these will also apply to orders you have previously made). If any provision of  these conditions is held to be invalid, null or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.

8.MINORS

We do not sell products to minors. We sell products for children that can only be purchased  by adults. If you are under the age of 18, you can use the emmavillasplus.com Services only by involving a parent or guardian.

9.OUR CONTACTS

This site is managed and owned by Emmina SRL. General terms of use relating to other emmavillasplus.com Services can be consulted on this site.

Emmina SRL: registered and administrative office ZONA P.A.I.P. LOC. LE BIFFE postcode 53043 Chiusi (SI)
VAT 01233860525 / Tax Code 01233860525 / REA SI-131240 / Share Capital € 30.000,00

            Pursuant to and for the purposes of the second paragraph of art. 1341, second paragraph,c.c., the parties, after careful reading, specifically approve the clauses:

            °   No. 6 – Applicable law and competent court,
            °   No. 7 – Changes to the general conditions of sale.

 

III) GENERAL CONDITIONS OF RENTAL

We invite you to read carefully these terms and conditions of rental (“General Conditions of Rental”) before using the Emmina SRL Services. By using the Services provided by Emmina SRL, you fully accept these General Conditions of Rental.

1.THE RENTER

Emmina SRL: registered and administrative office ZONA P.A.I.P. LOC. LE BIFFE postcode 53043 Chiusi (SI)
VAT 01233860525 / Tax Code 01233860525 / REA SI-131240 / Share Capital € 30.000,00

2.OUR CONTRACT

The rentee at the time he requests the rental service of the goods or product offered by Emmina SRL through the emmavillasplus site or, more precisely, when the client makes the appropriate tick, accepts the General Conditions of Rental

If you wish to rent one or more products, you can select them one by one, adding them to your cart. Once you have selected all the items you wish to rent, you can close your shopping cart and submit the order. At this point you will see a summary page of the products you have selected, their price and options (with the related costs) of delivery if   provided. You will be asked to choose the preferred solution for the payment method.

At the bottom of the cart page, you will find a small square next to the “BUY” button, which you will have to select in order to proceed with the order.

Your order will then be considered as your rental contract proposal addressed to Emmina SRL for the listed products, each considered individually. Upon receipt of your rental order,   we will automatically send you a message confirming receipt of the order itself (“Order Receipt”). The Order Receipt does not constitute acceptance of your rental proposal. With the dispatch of the Order Receipt, in fact, we only confirm that we have received the rental   order and have submitted it to a process of verification of data and availability of the products requested by you. The rental contract with Emmina SRL will only be concluded at the moment we send you a separate e-mail or we post a message on “Your Wall” of your rental proposal that will also contain information related to the shipment of the product and the expected date of delivery.

3.THE RENTED GOODS

The renter grants in rent the selected movable goods, which are fully owned by the renter and are in perfect working order.

4.DELIVERY AND WITHDRAWAL

The delivery and collection of the rented goods will be exclusively at the expense of therenter.

The rentee is required, at the time of delivery of the goods to check the conditions of the same and to immediately stress at the time of delivery, by e-mail to info@emmavillasplus.com the possible presence of obvious defects (stains, breakages etc.).

5.CONSERVATION OF THE GOODS

The rentee is obliged to keep and safeguard the goods entrusted to him with all due diligence. It should be noted that, at the time of the signing of this contract, the rentee and the renter decide to not  ascribe any security deposit to the goods. Upon expiry of the rental period, the rentee must return the goods in a state of efficiency, except for normal wear and   tear. If, at the time of returning the goods, the presence of damage of any kind should be found, the renter may request a sum to repair or replace the goods.

It remains expressly understood that the rentee is in any case responsible for any damage  caused to the rented goods even if caused by third parties, except in cases of force majeure  to be proven by the rentee himself.

6.THE PRICE DOES NOT INCLUDE

Expressly excluded from the rental are: the supply of accessory material and repairs made   necessary by the incorrect use of the goods, by the malfunctioning of the electrical protection devices, including the ground outlets, by modifications to the goods that have not    been performed or agreed to by the renter.

7.VALUE OF THE RENTED GOODS

In the case of loss, fire, theft or of other inability to return, the rentee will be obliged to pay the renter within 5 (five) days from the expiry of the contract the sum equal to the value of the rented goods, through the same payment system used for the purchase of the rental.

8.PROHIBITIONS

It is expressly forbidden for the rentee to sub-lease the goods object of this contract.

9.RETURN OF THE RENTAL GOODS

At the end of the rental period, the rentee is required to follow the procedure below to facilitate the return of the rented goods;

°   Make sure that the rented goods are intact and complete with all their parts
°   Place the rented goods back in the same package used for shipping or, if this is not reusable, use another package of similar type and capacities
°   Seal the packaging in an appropriate and safe manner
°   Apply the adhesive label relating to the identification for collection of the goods
°   Leave the packed goods near the entrance of the structure, informing the person in charge of check-out so that they are clearly visible.

10.RIGHT OF WITHDRAWAL

The rentee has the right with a justified reason to withdraw at any time and for any reason      from the rental. In this case, the rentee undertakes to return the goods subject of the present            rental contract; no reimbursement will be reognised to the rentee in the case of early     withdrawal of the rental period.

11.APPLICABLE LAW AND COMPETENT COURT

These General Conditions of Use are regulated and must be interpreted in accordance with Italian law. The application of the United Nations Convention on Contracts for the        International Sale of Goods is expressly excluded. All parties agree to accept the exclusive jurisdiction of the Court of Siena.

12.MODIFICATIONS TO GENERAL CONDITIONS OF RENTAL

In order to offer new products or services or to comply with legal and regulatory provisions, we reserve the right to modify the Emmavillasplus.com Services, policies, these General Conditions of Rental at any time. You will be subject to the updated policies and terms of the General Conditions of Rental in force at the time when you order products from us, unless changes to these policies and these terms are required by applicable law or competent authorities (in which case, these will also apply to orders you have previously made). If any provision of these conditions is held to be invalid, null or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.

13.MINORS

We do not rent products to minors. We rent products for children that can only be purchased by adults. If you are under the age of 18, you can use the emmavillasplus.com Services only by involving a parent or guardian.

14.ADDITIONAL TERMS

For all that is not expressly provided for, reference is made to the norms of art. 1571 of the  Civil Code

Pursuant to and for the purposes of the Legislative Decree 30 June 2003 n. 196 concerning the code regarding the protection of personal data, the parties reciprocally acknowledge that they have read the information below provided for by art. 13 of the code, with regard to the processing and communication of the data provided at the time of stipulation of this contract and/or subsequently acquired by the parties during the relative contractual relationship. In light of the foregoing, the Parties attribute to the signing of this contract the value of attestation of consent for the processing and communication of personal data, as provided for in the disclosure.

Privacy Notice (pursuant to Legislative Decree 196/03)

 The information contained in this document and its attachments may be reserved and are intended exclusively for the person or company named as the recipient. The diffusion and distribution of this document to subjects other than those indicated, or in general any illicit use of the data contained therein, is prohibited pursuant to both Art. 616 of the Penal Code and to the Legislative Decree. 196/03 concerning the protection of personal data (Privacy). If you have received this document by mistake, please destroy it and notify us promptly by e-mail or fax.

15.OUR CONTACTS

This site is managed and owned by Emmina SRL. General conditions of rental relating to other emmavillasplus.com Services, can be consulted on this site.

Emmina SRL: registered and administrative office ZONA P.A.I.P. LOC. LE BIFFE postcode 53043 Chiusi (SI)
VAT 01233860525 / Tax Code 01233860525 / REA SI-131240 / Social Capital € 30.000,00

Pursuant to and for the purposes of the second paragraph of art. 1341, second paragraph, cc, the parties, after careful reading, specifically approve the clauses:

            °   No. 10 – Right of withdrawal,
            °   No. 11 – Applicable law and competent court,

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