Terms and conditions
Introduction: effectiveness of the terms and conditions of sale
These terms and conditions of sale (hereinafter, “terms and conditions”) have as their object the regulation of the purchase of products carried out remotely and made available, via the internet, from the website www.euforiastyle.it (hereinafter, the Site) in compliance with Italian legislation on distance contracts (Legislative Decree 70/2003).
This site is owned by Eureka srl, Via Giudecca 69, 91100 Trapani (TP) tax code and VAT number 02801130812, and is dedicated to the retail sale of household and personal items.
The seller is:
Eureka srl
Registered office: Via Giudecca 69, 91100 Trapani (TP) Italy
C. F./ VAT number: 02801130812
Eureka srl observes the legislation regarding contracts concluded at a distance pursuant to art. 50 and following of the Legislative Decree. 206/2005 and Legislative Decree. 70/2003 and subsequent amendments and additions.
Remote contracts concluded with Eureka srl through the site are governed by these terms and conditions in compliance with Italian law. The languages available to conclude the contract are Italian and English.
The Customer is required, before sending the order, to carefully read the terms and conditions that have been made available to him on the Site to allow them to be reproduced and stored.
Art.1 – Premises
The premises are an integral part of these TERMS AND CONDITIONS OF SALE OF THE ONLINE SALES SERVICE
Art. 2 – Definitions
1. The expression “online sales contract” means the purchase and sale contract relating to the tangible movable assets of Eureka srl, stipulated between it and the Buyer as part of a remote sales system using telematic tools.
2. The expression “Buyer” means the natural or legal person who makes
Art. 3 – subject of the contract
1. Eureka srl sells and the Buyer purchases with a distance sales contract, through the internet, the products selected and ordered by the Buyer from those included in the electronic catalog on the website www.euforiastyle.it and currently available.
Art. 4 – Method of stipulating the contract
1. The contract between Eureka srl and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address www. euforiastyle.it, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
2. The contract is considered concluded, and is binding for both parties, after the exact completion of the request form and the consent to the purchase and the subsequent confirmation of the registration of the purchase order placed by the Buyer via order summary message, sent to the email address indicated by the Buyer and/or via web screen.
3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
4. In the event of any unforeseeable stock runs out due to unforeseeable factors or other causes, Eureka srl undertakes to promptly communicate the unavailability of the product via e-mail to the Buyer and to refund or in any case not charge the Buyer the corresponding price , or to inform the Buyer what the waiting times are to obtain the chosen good, asking whether he intends to confirm the order or not.
5. Eureka srl reserves the right not to accept incomplete and/or not duly completed purchase orders by communicating this via email to the email address indicated by the Buyer and/or via web screen.
Art.5 – Buyer’s obligations
1. The Buyer undertakes to read and accept these terms and conditions.
2. The Buyer undertakes, once the online purchase procedure has been completed, to print and/or keep these terms and conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. This is in order to fully satisfy the condition referred to in articles 52 and 53 of the Legislative Decree. 206/05 and subsequent amendments and additions.
3. The Buyer is strictly prohibited from entering false and/or invented data in the registration procedure necessary to activate the process for the execution of this sales agreement and the related further communications. The personal data and e-mail must also correspond exclusively to your personal data and not to those of third parties.
4. The Buyer declares to be of age.
Art.6 – Delivery times and methods
1. Eureka srl assumes the responsibility of delivering to the Purchaser, at the place indicated by the latter and by courier, the products selected and ordered by the same.
2. Deliveries take place promptly, approximately within 3/5 working days, starting from the date of transmission of the purchase order confirmation by Eureka srl. No deliveries are made on Saturdays and public holidays.
Art.7 – Transport damage
1. In the event that the Buyer finds any external damage to the packaging or the mismatch in the number of packages, he must immediately place a written control reservation on the Courier’s proof of delivery or refuse to accept the damaged package by writing in pen the reason on the consignment note that the Courier requires you to sign upon receipt of delivery. The Buyer who has accepted the package subject to inspection and has subsequently found damage to the product must, within 8 days of delivery, report the damage by sending a registered letter with return receipt to Eureka srl
Registered office: Via Giudecca 69, 91100 Trapani (TP) Italy. In addition to the reason for the complaint, the Buyer must also specify the purchase order number and the tax documentation.
2. In the event that the Buyer finds damage to the product due to transport that is not visible from the outside or the mismatch in the number of products received, he will have to report the damage, in the first case within 8 days of discovery and in the second within 8 days of delivery, by sending a registered letter with return receipt to Eureka srl Registered Office: Via Giudecca 69, 91100 Trapani (TP) Italy. In addition to the reason for the complaint, the Buyer must also specify the purchase order number and the tax documentation.
3. If the Buyer does not act in the ways and within the terms indicated in the previous points 1 and 2 of this article, he will lose the rights to replacement or refund.
4. Following the complaint presented by the Buyer, Eureka srl will replace the damaged product. In the event that, for any reason, Eureka srl is unable to replace the product, it may proceed with the refund of the entire amount paid or its replacement with a product of equal or greater value in agreement with the buyer.
Art. 8 – Reporting defects and legal guarantee
1. Eureka srl has the obligation to deliver goods to the buyer that comply with the sales contract and is responsible towards the buyer for any lack of conformity existing at the time of delivery of the goods.
2. The products are covered by a two-year legal guarantee for defects of conformity pursuant to articles. 128,129, 130, 131, 132, 134, 135 of the Legislative Decree. 206/2005 and subsequent amendments and additions.
3. The guarantee is reserved for the consumer as defined by the Legislative Decree. 206/2005 and subsequent amendments and additions.
4. The buyer will lose the warranty if he does not report the lack of conformity to the seller within 2 months from the date on which he discovered the defect.
5. The legal guarantee only covers the replacement of goods that do not comply with the sales contract. The guarantee does not apply if the reported defects derive from incorrect handling, use or transport of the product by the consumer. Likewise, the guarantee does not apply every time the defect is attributable to the culpable or malicious conduct of the consumer or depends on other causes not attributable to the production and transport of the product to the consumer’s home.
6. In the event that the Buyer finds defects of conformity, he must report the damage within 2 months from the date of discovery of the defect, by sending a registered letter with return receipt Eureka srl Registered Office: Via Giudecca 69, 91100 Trapani (TP) Italy In addition to the reason for the complaint, the Buyer must also specify the purchase order number and the tax documentation.
7. In the event of a lack of conformity, duly reported within the established deadlines, the buyer will have the right to have the product replaced within a reasonable period unless the remedy itself is objectively impossible or excessively burdensome or secondarily will have the right to a reduction of the price or upon termination of the contract. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out repair or replacement remedies does not give the right to terminate the contract.
8. Eureka srl reserves the right to verify the existence of the lack of conformity.
9. Eureka srl reserves the right to inform the buyer if it will collect the defective product from the buyer’s home.
10. The operating times for carrying out the activities relating to the activation of the guarantee are variable and are determined by the type of product and the nature of the defect.
11. Eureka srl will never, under any circumstances, be burdened with charges resulting from any delays in the delivery of the replaced product or from the refund of the price. In any case, except in exceptional cases, the replacement will be carried out within 60 days of delivery of the defective product to Eureka srl. Otherwise, the Buyer may apply one of the alternative remedies provided by law (termination of the contract or reduction of the price paid taking into account of any use of the asset).
Art.9 – Right of withdrawal
1. In accordance with the law, the Buyer may exercise the right to withdraw from the contract without specifying the reason and without paying penalties within 14 days starting from the day on which the Buyer or a third party, other than carrier and designated by the Buyer, acquires physical possession of the last good where the information obligations provided for in the art. 52 of the Legislative Decree. 206/2005 and subsequent amendments.
2. In the event that the seller has not satisfied the information obligations referred to in the articles. 52, paragraph 2, letter. f) and g) and 53 of the Legislative Decree. 206/2005 and subsequent amendments and additions, the deadline for exercising the right of withdrawal ends 12 months after the end of the initial withdrawal period. This last term also applies in the event that Eureka srl provides incomplete or incorrect information which does not allow the correct exercise of the right of withdrawal.
3. The right of withdrawal must be exercised by the Buyer by sending a written communication by registered letter with acknowledgment of receipt, or by means of a specific form to be downloaded at this link, or by means of any other declaration, provided that it is explicit, to be sent to address Eureka srl Registered Office: Via Giudecca 69, 91100 Trapani (TP), or by email to info@euforiastyle.it. If you choose the latter method, a confirmation of receipt of called withdrawal
4. The communication must include the name, address, the purchase order number, the intention to withdraw from the purchase and the product or products for which you intend to exercise the right of withdrawal; the Buyer must also attach a copy of an identity document, a copy of the tax purchase documentation, indicate both a telephone number on which he can be contacted and the bank details of the current account in which he wishes to receive a refund of the amount paid.
5. To respect the withdrawal deadline, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
6. Once the notice of withdrawal has been received, Eureka srl will communicate to the Buyer the address to which the products to be returned will be shipped and the authorization to return the products themselves.
7. The Buyer must send the product carefully packaged in its original packaging, complete with everything originally contained, to the address communicated. The shipment by the Buyer must take place via courier or delivery to the Seller or to a third party authorized by the latter within 14 days of the communication of withdrawal from the contract to Eureka srl
Upon receipt of the products or until the buyer has demonstrated that he has sent the goods back, whichever occurs first, Eureka srl will refund the buyer the amount paid. For the purposes of the deadline, the goods are considered returned when they are delivered to the accepting post office or shipping company.
8. In case of exercising the right of withdrawal within fourteen days pursuant to art. 64 paragraph 1 Legislative Decree. 206/2005 and subsequent amendments and additions, the costs incurred by the Buyer for returning the products to Eureka srl are borne by the Buyer.
9. In case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 Legislative Decree. 206/2005 and subsequent amendments and additions, the integrity of the goods to be returned is an essential condition.
10. In the case of exercising the right of withdrawal within 14 days pursuant to art. 64 paragraph 1 Legislative Decree. 206/2005 and subsequent amendments and additions, Eureka srl will refund the sums paid by the Buyer within 14 days from the day on which it is informed of the Buyer’s decision to withdraw from the contract using the same form of payment used by the Buyer for the initial transaction , unless otherwise expressly agreed with the Buyer.
11. The refund may be suspended until receipt of the goods or until the Buyer demonstrates that he has sent the goods back, whichever is earlier.
Art. 10 – Prices
1. All sales prices of the products displayed and indicated on the website www.euforiastyle.it constitute an offer to the public pursuant to art. 1336 c.c.
2. For the products purchased, the Buyer will pay Eureka srl the price indicated in the online catalog at the time the Buyer placed the order. This price will be expressed in Euros and will include VAT.
3. The shipping costs of the products, where applicable, will be borne by the Buyer, will be applied according to the prices indicated in the specific section published on the website www.euforiastyle.it which the Buyer has read before making the purchase. ‘order.
4. Product prices may be updated and therefore subject to daily variations.
5. There are no minimum amounts to place an order.
Art.11 – Contribution to shipping costs
1. For purchases on Italian territory, the buyer will pay EUREKA SRL, as a contribution to shipping costs, the fixed amount of €7.50 for amounts up to €105.00; no transport costs will have to be paid for amounts exceeding €105.00. In case the buyer is part of the following Italian ZIP codes (67020, 39032, 85046, 39050, 89030, 80051, 39032, 38041, 38041, 39040, 39040, 87070, 98050, 98050, 00051, 39040, 80071, 39030, 39030, 39030, 23031, 87051, 87035, 64031, 07046, 07046, 39058, 39050, 64033, 38071, 38071, 86021, 38080, 10080, 15060, 71023, 18025, 23010, 67030, 30142, 16048, 07046, 67020, 87051, 58012, 39030, 86027, 57034, 03016, 39058, 67013, 87070, 98055, 98055, 67030, 15060, 64020, 63096, 57031, 57032, 80073, 67020, 09014, 57037, 88822, 86043, 50034, 80074, 39040, 23020, 64030, 67020, 17030, 64020, 33040, 42035, 42035, 82024, 67020, 17034, 87070, 39040, 57038, 57034, 64037, 64010, 23010, 23023, 23023, 38010, 89040, 13010, 65010, 33090, 62024, 64042, 39050, 39050, 39033, 39033, 89043, 28862, 64043, 39027, 38089, 89012, 23029, 23029, 33040, 17030, 33080, 67020, 17019, 91023, 98050, 98050, 02025, 85046, 48013, 39040, 40025, 62025, 67020, 80075, 33020, 33020, 39020, 84050, 67020, 66040, 39040, 39040, 58019, 58012, 58012, 58012, 58012, 98050, 98050, 17042, 17042, 30133, 66040, 17010, 39029, 57128, 39027, 87035, 39040, 80077, 80077, 80077, 80077, 43025, 58012, 45010, 07024, 43025, 06027, 06069, 19025, 30124, 15050, 39040, 91017, 39020, 07024, 57034, 80076, 87035, 87014, 87015, 23020, 39043, 39040, 39040, 39043, 39054, 98050, 04025, 64010, 91023, 39026, 30126, 98050, 98055, 10080, 39030, 87066, 39040, 39040, 50034, 57037, 30126, 98050, 85046, 85046, 57030, 57033, 39040, 39040, 57034, 80073, 85046, 39024, 39024, 59024, 59024, 32041, 07024, 53024, 25050, 39050, 39011, 25040, 39026, 41045, 39020, 39020, 80075, 58044, 58044, 13019, 39021, 39030, 30141, 17030, 87070, 39058, 39056, 17048, 39040, 17037, 87073, 67030, 17046, 98050, 38037, 91017, 91017, 80075, 64010, 38039, 16046, 38029, 38010, 38037, 38035, 30126, 88823, 25050, 39050, 18025, 17046, 87070, 98055, 57034, 57034, 24014, 80077, 21010, 21010, 87070, 57030, 56045, 57030, 38077, 04027, 57036, 57037, 39026, 39026, 39030, 39030, 57030, 80079, 39040, 39040, 98055, 53030, 86016, 57038, 13030, 67030, 64010, 80030, 38010, 30133, 13884, 82028, 67020, 30124, 39010, 39010, 16032, 16032, 57037, 39030, 51028, 86027, 71040, 39050, 39050, 57034, 17048, 15056, 39027, 39027, 23030, 39020, 23030, 98050, 39016, 39016, 16039, 80077, 30141, 57034, 67020, 39054, 39058, 39058, 17046, 33020, 88825, 13028, 57034, 39040, 39040, 39030, 39010, 39010, 19020, 39030, 39030, 39040, 39029, 38048, 32030, 04020, 39030, 39010, 39027, 39016, 39029, 39029, 89049, 38089, 33040, 98050, 39029, 39020, 87035, 00059, 30142, 67049, 13884, 39029, 86029, 39020, 88823, 39010, 39010, 39050, 39050, 17048, 64010, 25080, 17048, 17048, 30124, 30133, 30141, 30142, 30126, 87020, 87051, 39011, 39058, 67020, 03040, 98050, 98050, 39056, 88822, 32010, 13888, 30126, 39010, 39010, 85046, 38010, 98055, 38095, 51024, 57038, 38036, 87059, 29031, 57038, 23041, 23041, 33014, 80072, 80081, 04031, 71051, 71051, 71051, 92031, 92031, 92031, 90051, 91023) the contribution to shipping costs will correspond to a fixed amount of €12.50 for amounts up to €105.00.
Art.12 – Promotions and gifts
1. Any proposed promotions and the offer of any free products are valid until stocks of the products are exhausted and within the purchase limits indicated on the site and www.euforiastyle.it. The products on promotion can be delivered in promotional packages, different from those published on the website www.euforiastyle.it.
2. Any discount codes received cannot be combined, they do not apply to transport costs, other promotions already in progress and to the calculation of the minimum purchase threshold to obtain free shipping.
3. No replacement or return is possible in relation to any products received free of charge by the Buyer.
Art.13 – Responsibility
1. Eureka srl assumes no responsibility for disservices attributable to force majeure of any nature or kind, in the event that it is unable to execute the contract within the agreed times.
2. Causes of force majeure include, by way of example and without limitation, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as measures taken by the Public Authority, the strike of its own employees or of the carriers of which Eureka srl uses, as well as any other circumstances that are beyond the control of the latter.
3. Without prejudice to the provisions of the art. 8 of the EU Directive. 97/7 and art. 56 Legislative Decree 206/2005 and subsequent amendments and additions, Eureka srl assumes no responsibility for any fraudulent use made by third parties of the credit card data provided by the Buyer.
4. Eureka srl cannot be held responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its subcontractors.
5. Eureka srl will also not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any charges supported accessories.
Art.14 – Payment and invoicing methods
1. The Buyer will pay for the products ordered using the following methods: credit card (including prepaid) and/or Paypal.
2. The credit cards accepted by Eureka srl are: Visa, VPay, Visa Electron, Mastercard, Maestro.
3. Once the payment method has been chosen, the buyer will be directed to the relevant site (Setefi Intesa San Paolo or Paypal) to carry out the transaction and complete the payment.
4. Payment will include shipping costs, where applicable, to be paid by the Buyer, according to the methods of the offer published on the website www.euforiastyle.it
5. Eureka srl will send the invoice via email to the address indicated in the order only to registered Buyers with VAT number. For all others, the order confirmation email is valid as receipt of the same.
6. For the issuing of the tax document, the indications provided by the Buyer at the time of the order will prevail. No changes will be possible after the issuance of the tax document. To this end, the Buyer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records.
Art.15 – Termination of the Contract and Express Termination Clause
1. The obligations assumed by the Buyer in art. 2 above (Buyer’s Obligations), as well as the guarantee of the successful completion of the payment that the Buyer must make, are essential in nature, so that, by express agreement, the Buyer’s failure to fulfill only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of Eureka srl to take legal action for compensation for further damage.
Art.16 – Security
1. Online transactions by credit card and Paypal are carried out on the respective sites, via secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows you to communicate in a way designed to avoid interception, modification or falsification of information.
2. Eureka srl will never become aware of the customer’s credit card or Paypal account data.
Art.17 – Amendments
1. Eureka srl reserves the right to vary these terms and conditions at any time, publishing the updated version from time to time on the website and www.euforiastyle.it.
2. Any new clauses will be effective for purchases made after the date of the modification.
Art.18 – Applicable law
1. This contract is governed by Italian law. These terms and conditions refer, although not expressly provided therein, to Legislative Decree 206/05 and subsequent amendments and additions.
Art.19 – Competent court
1. Any dispute relating to the application, execution, interpretation of this contract stipulated online through the website www.euforiastyle.it is subject to Italian jurisdiction.
2. For disputes arising between the Parties in relation to this contract, the judge of the place of residence or domicile of the Purchaser is competent if located in the territory of the Italian State.
3. If the residence or domicile of the Buyer is not located in the territory of the Italian State, the Court of the place where the delivery of the goods took place is competent.
Art. 20 – Protection of confidentiality and processing of the Buyer’s data
1. Eureka srl, owner of the processing of the Buyer’s data, protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation referred to in Legislative Decree 196/2003 and EU Regulation 679 /2016.
2. The personal and fiscal data acquired directly and/or through third parties by Eureka srl are collected and processed in paper, electronic and telematic form, in relation to the processing methods with the aim of recording the order and taking action against it. 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 carry out the requested service (art. 24, paragraph 1, letter, Legislative Decree 196/2003 and Art. 6 of EU Regulation 679/2016).
3. Eureka srl undertakes to treat the data and information transmitted by the Buyer with confidentiality 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 only be exhibited upon request of the judicial authority or other authorities authorized by law.
4. Personal data will be communicated, after signing a data confidentiality commitment, 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.
5. Regarding your personal data, we inform you that you can exercise the rights provided for by the art. 15 and following. of EU Regulation 679/2016, as well as art. 7 of the Privacy Code, reported below:
5.1 Access to the following information:
to. purposes of the processing,
b. categories of personal data in question,
c. recipients or categories of recipients to whom such personal data have been or will be communicated, in particular if recipients are from third countries or international organisations,
d. existence of the interested party’s right to ask the data controller to rectify or delete personal data or limit the processing of personal data concerning him or to oppose their processing;
5.2 Rectification, meaning:
to. correction of inaccurate personal data concerning him without justified delay,
b. integration of incomplete personal data, including by providing a supplementary declaration;
5.3 cancellation of data concerning you without unjustified delay, if:
to. the data are no longer necessary with respect to the purposes for which they were collected or otherwise processed,
b. a withdrawal of consent is formulated and there is no other legal basis for the processing,
c. you object to the processing and there is no overriding legitimate reason to proceed with the processing,
d. the personal data have been processed unlawfully,
And. personal data must be deleted to comply with a legal obligation,
f. the personal data were collected in relation to the offer of information society services;
5.4 limitation of processing:
to. if you contest the accuracy of the personal data, for the period necessary for the data controller to verify the accuracy of such personal data
b. when the processing is unlawful and the interested party opposes the erasure of the personal data and instead requests that their use be limited,
c. when the personal data are necessary for the interested party to ascertain, exercise or defend a right in court, even though the owner no longer needs them for the purposes of the processing,
d. if you object to the processing by virtue of the right to object;
5.5 Receive notification in the event of rectification or deletion of personal data or limitation of processing;
5.6 Data portability, i.e. the right to receive personal data concerning you in a structured, commonly used and machine-readable format and you have the right to transmit such data to another data controller, if:
to. the processing is based on the express consent of the interested party for one or more specific purposes or takes place pursuant to a contract signed with the interested party and
b. the processing is carried out by automated means;
5.7 Object at any time, for reasons related to your particular situation, to the processing of personal data concerning you.
You have the right to lodge a complaint with a supervisory authority if you believe that the rights indicated herein have not been recognized.
To exercise the above rights you can contact the Data Controllers by sending a registered letter with return receipt to the indicated address or an email to info@euforiastyle.it. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer’s request cannot be processed.
6. In any case, the acquired data will be kept for a period of time no longer than is necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
7. Further information on the privacy & cookie policy adopted on the website www.euforiastyle.it can be found in the appropriate sections.
Art. 21 – Method of archiving the contract
1. Pursuant to art. 12 of Legislative Decree 70/2003, Eureka srl informs the Buyer that each order sent is stored in digital form at the headquarters of Eureka srl according to confidentiality and security.