Terms and conditions of online sales

These Online Terms and Conditions of Sale ("TCV") are intended to govern the online sale of products on emporio italia.store®, available through https://www.emporioitalia.pt o www.emporioitalia.store (the "Site"), hereinafter referred to as "EMPORIO ITALIA STORE", owned by OPULENT CORNUCOPIA, Lda., with unique registration and registration number 516160931 and headquartered in Centro Empresarial Estoril VII, Rua da Tapada Nova, n.º 9 , Edifício C8, 2710-297 Sintra , hereinafter, by the end consumer referred to as "User".

EMPORIO ITALIA STORE and User (jointly referred to as the "Parties") agree that purchases made on the Site shall be governed by this TCV, as it may be in effect at any given time, in the reasonable discretion of EMPORIO ITALIA STORE, subject to legitimate consumer rights and interests under applicable law.

1. SCOPE OF APPLICATION

By accessing and using the Website, the User acknowledges having read and accepted without reservation these TCV.

The purpose of these TCVs is to provide and define all the information necessary for the User regarding the ordering, sale, payment and delivery of purchases made on the Site.

These conditions govern all the steps necessary to place an order.

These general terms and conditions shall not apply if it appears that the User is not a final consumer as defined in Article 3(c) of Decree-Law No. 24/2014 of 14 February (updated by Decree-Law No. 9/2021 of 29 January).

2. ORDER

The ordering process is entirely processed and executed by EMPORIO ITALIA STORE, and is never forwarded to other websites.

The User starts the ordering process after selecting the "Buy and add to cart" option, and can also check, modify and complete their order through the purchase process known as "checkout".

To begin shopping at EMPORIO ITALIA STORE, the User may:

Register, providing the information required to create an account;

Log in (by providing a combination of email and password chosen at the time of registration); and Complete the information and choose the options available to you during the checkout process (delivery and billing address; type of shipment; method of payment, as well as the NIF and the name you want to appear on the invoice for tax purposes) and read and accept the TCVs immediately before placing your order, being able to save them in PDF or other mode of your choice on your device.

EMPORIO ITALIA STORE allows the User to check out without creating the aforementioned registration. However, it will be necessary for the User to provide information and/or personal data for the execution of order delivery.

The User's continuation of the order shall amount to full and complete acceptance of this TCV and the prices and description of the products available for sale at EMPORIO ITALIA STORE. This TCV shall be the only applicable contractual condition, therefore the pdf file, referred to in paragraph c) of the previous issue, shall be kept in a safe place/on a device of the User's choice.

If the product is not available, EMPORIO ITALIA STORE will endeavor to inform the User of the new availability as soon as possible.

The data contained in the invoice referring to the User are the sole responsibility of the User. Once issued, the invoice cannot be cancelled and/or reissued with changes.

3. PAYMENT AND VALIDATION OF THE ORDER

EMPORIO ITALIA STORE offers the User the following payment methods:

Credit card (Visa, Mastercard and Eurocard);

PayPal;

Multibank;

MBWay (MB payment via mobile phone).

The User shall pay a global sum corresponding to the price of the goods, the legally applicable taxes and the shipping costs of the order (if applicable).

In the case of payment by credit card, you will be charged immediately after registering your order on our Site and confirming the availability of the products ordered. In the event of an error in confirming availability, any amount charged to you will be refunded in one of the ways described in the previous section and in accordance with Section 8 (RIGHT OF FREE RESOLUTION).

Order requests remain active for the period of time identified on the Site at the time of payment. However, if the order is placed as part of a promotional campaign, it may not be possible to guarantee prices, discounts, promotions and offers if payment is not processed on time.

After confirmation of receipt of payment, and within a maximum period of twenty-four hours, an e-mail confirming the order will be sent. The e-mail will be sent to the e-mail address provided by the User when registering for EMPORIO ITALIA STORE.

If payment for an order is not received by our services within the period indicated on the Site at the time of payment, the order cannot be validated and processed and will expire. In this case, the items are immediately available for purchase by another user.

Any amount received by EMPORIO ITALIA STORE but not followed by a delivery, the order itself will be refunded by bank transfer or other means of return chosen by the User and which can be made by our payment intermediary in Portugal.

4. DELIVERIES

EMPORIO ITALIA STORE offers different shipping types for the order. Upon payment, the shipping types that the User can select will be displayed.

Shipping costs vary according to the weight of the order, the place of delivery and the type of shipping selected by the User. To find out the shipping costs for an order, the User must add the products he wishes to purchase to the shopping cart and go to the checkout, confirming the value of the shipping costs according to the desired method.

Each product data sheet shows the foreseeable deadlines, in working days, for their shipment. "Availability" means the period in which a product is ready for shipment. In an order of 2 (two) or more products with different Availability, the longer of the indicated deadlines should always be considered. The Availability of each product can be seen on the product information sheet or in the order summary at the time of checkout.

Availability The deadlines are purely indicative and based on the history of previous deliveries for supplies of these products. Except where a specific availability period is indicated on the Site, EMPORIO ITALIA STORE agrees to deliver ordered items within a maximum period of 96 hours, unless stock unavailability or Force Majeure event.

In the event of out of stock or Force Majeure events, EMPORIO ITALIA STORE will notify the User and delivery will be made as soon as the impeding conditions are overcome, unless the User, in the cases where he/she is permitted, exercises his/her right to Conclude the contract. By not activating this right, in the cases where it is permitted, EMPORIO ITALIA STORE assumes that the User remains interested in the order and agrees to delivery beyond the indicated availability period, as soon as possible.

In order to track an order in progress or track its delivery status, when the User has selected the service corresponding to this information, the User must go to the customer area or the courier's site and enter the reference number of the order.

5. PRICES

Prices are quoted and are presented in Euros (€), inclusive of charges and taxes, taking into account the VAT in force at the time of order processing.

The prices shown in the "checkout" procedure always correspond to the most up-to-date prices in force, however, they are only valid as long as they are visible on the Site or on an updated page of the Site (caches or pages that are not updated may show prices that are no longer up-to-date). The displayed price is only guaranteed until the order has been registered and paid for.

6. DISCOUNTS, COUPONS AND CREDITS

Various promotions may be available at EMPORIO ITALIA STORE in the form of percentage discounts on the retail price, discounts for redeeming vouchers (credits) or using points.

The User has access to his purchase history, which will indicate the points he has accumulated. Points earned by the User can be converted into discounts on future purchases.

Promotional discounts can be displayed on several pages, particularly in product cards, shop windows and search result lists.

All promotions have a certain period of validity. To find out the validity period of the presented promotions, simply click on the discount or the image of the product available at EMPORIO ITALIA STORE.

Promotional discounts advertised on EMPORIO ITALIA STORE - and only there - represent a commitment by EMPORIO ITALIA STORE to the discount until the end of the advertised promotional period (or campaign), but always on the condition that the order is completed and paid for by the User until (i) the end of the advertised promotional period (or campaign) or (ii) until the limit of available stock, whichever occurs first.

Saving a product in the "shopping cart" or "favourites" does not guarantee its availability, price or applicable discount.

7. OUR ARTICLES

Although we make every effort to provide the most accurate description and image of our products, EMPORIO ITALIA STORE does not guarantee the absolute accuracy and completeness of the information sheets of all published items, nor does it guarantee that they are presented exactly as presented.

The authorship of item/product information sheets is the sole responsibility of the manufacturers, for which EMPORIO ITALIA STORE cannot be held responsible.

The descriptions, photographs/videos of the products presented are purely illustrative. Although the products are accurately described and photographed and/or videotaped using professional means, with the aim of conveying an image as close to reality as possible, this is not always possible and technical inaccuracies and transcription errors may occur.

The perception of quality, evaluation and/or opinion expressed by EMPORIO ITALIA STORE or any of its partners regarding a particular item/product is a personal opinion, perception or evaluation, reflecting the discretionary taste, preference of the issuer and, under no circumstances, can be understood as a guarantee of quality, conformity, suitability or otherwise, in addition to and/or in lieu of the legal warranties, which are the only ones that accompany the sale of the items/products.

Some items/products are handmade and/or not mass-produced, therefore they may vary in texture, colour and finish. This is not a defect, but a feature of the uniqueness of the advertised product.

Some items/products require specific care/use, please read the conditions of use and storage provided by the manufacturers and/or contained in their packaging.

Some items/products require specific care/use, please read the conditions of use and storage provided by the manufacturers and/or contained in their packaging.

EMPORIO ITALIA STORE reserves the right to remove and add any item or product on the Site, at its sole discretion.

8. RIGHT OF FREE RESOLUTION, RETURN POLICY AND EXCEPTIONS

Only certain purchases made at EMPORIO ITALIA STORE can be freely deliberated, pursuant to Article 10 of Decree No. 24/2014, dated February 14 (updated by Decree No. 9/2021, dated January 29), i.e., PRODUCTS WITH EXTENDED CONSUMPTION DURATION - which will be identified on the Site.

In order to activate the right of free cancellation, the User must return his order within a maximum period of 14 days and by filling in the return form that follows inside the package, together with the invoice.

EMPORIO ITALIA STORE will confirm receipt by e-mail within twenty-four hours.

EMPORIO ITALIA STORE reserves the right not to accept returns shipped with postage or COD. Any operational costs related to the return will be borne by the User.

EMPORIO ITALIA STORE undertakes to refund the User within a maximum period of 14 days from the date of receipt of the notice of the resolution pursuant to Article 12 of DL No.º 24/2014, dated February 14 (updated by DL No. 9/ 2021, dated January 29), after receiving the return or proof of return of the order, whichever occurs last.

Payments will be refunded using the same payment method used by the User in the initial transaction. If the payment method used does not allow it, the refund will be made by bank transfer, so EMPORIO ITALIA STORE may have to contact the User to collect the necessary information from him/her, the refund being the responsibility of the User cooperating with EMPORIO ITALIA STORE and providing such information.

Refunds by bank transfer not possible due to non-response by the User expire within 12 (twelve) months, and EMPORIO ITALIA STORE reserves the right to retain the amount for itself.

Products returned (for refund or exchange) must comply with the Conditions of Sale. The "Conditions of Sale" are understood to be in exactly the same condition as when they were received by the User, without any sign of use, handling, defect or anomaly. The guarantee seals (authenticity, origin or certification) on certain products - as well as any markings - must remain UNTIL THEY ARE SHIPPED.

If the value resulting from an exchange of products in an order is higher than the initial value of the products, the User must pay the difference, using one of the payment methods available for the order.

If the value resulting from the exchange of the products in an order is lower than the initial value of the products, or in the event of a return, the User may choose one of the following methods to reimburse the amount paid in excess:

Shopping voucher (valid for future purchases on the Site); or

Reimbursement by one of the above means.

Any items sent free of charge by EMPORIO ITALIA STORE, in the form of offers, gifts or bonuses, will not be exchanged, returned or refunded.

Products that have been engraved, personalised, altered or adapted to the specific needs of a User or manufactured at the User's request/selection CANNOT BE RETURNED, in accordance with paragraph c) of Article 17 of Decree-Law No. 24/2014 of 14 February.

Any perishable products - WITH EXPIRED CONSUMPTION TIMES, which cannot be returned or which, by their nature, deteriorate rapidly or have expired, CANNOT BE RETURNED, pursuant to letter d) of Decree No. 24/2014, of 14 February.

9. QUALITY ASSURANCE AND COMPLAINTS

EMPORIO ITALIA STORE is committed to the quality of its products and the satisfaction of its Users. If the product that the User has ordered is not in consumable condition, immediately after delivery (within the next 4 hours), acquire an image of the same and evidence of such lack of quality or non-conformity of consumption, repackage the product in the original packaging that was delivered and send detailed information accompanied by pictures of the product to the email address: info@emporioitalia.pt.

By product that "cannot be consumed" - it is understood that, i. it is a product that is outside the period of consumption guaranteed by the manufacturer or ii. it shows clear signs of non-conformity with the usual quality of the product (such as nonconforming smell and/or taste).

EMPORIO ITALIA STORE will handle and analyze all complaints from Users and will try to compensate the User, reasonably, - replacing products deemed unfit for consumption.

10. COMPLAINTS

EMPORIO ITALIA STORE has an electronic complaint book available on its website.

Whenever you want to report a defect in a purchased product or make a suggestion for improvement, please contact us through the following means: email: info@emporioitalia.pt.

In the event of a dispute, the User may appeal to an Alternative Dispute Resolution Body for consumer disputes More information is available on the Consumer Portal www.consumidor.pt.

11. PRIVACY AND OTHER RELEVANT INFORMATION

To find out more about how we process your personal data, please see our Privacy Policy and Cookie Policy.

EMPORIO ITALIA STORE also advises you to carefully read the Terms and Conditions of Use of EMPORIO ITALIA STORE.

12. FINAL PROVISIONS

Portuguese law is applicable to the management, administration and interpretation of these TCVs.

EMPORIO ITALIA STORE reserves the right, whenever it deems necessary, to change, add, or delete portions of these TCVs, without notice to You. We recommend that you consult these TCVs periodically.

Continued use of the EMPORIO ITALIA STORE website after the publication of the changes will be understood as full acceptance of the changes.

The invalidity or nullity of any provision of these TCVs shall not affect the validity and enforceability of the remaining provisions.