Terms and conditions

TERMS AND CONDITIONS

EMARINELLA.EU

INTRODUCTION

This document contains the conditions governing the use of this website (E.Marinella.eu) and the procedure for purchasing the items contained/indicated therein (hereinafter the “Conditions”).

Please read these Conditions, the Cookie Policy and the Personal Data Protection Policy (hereinafter referred to jointly as the “Data Protection Policy”) carefully before using this website. Please note that both the use of this website and the transmission of orders through it imply acceptance of these Conditions and the Data Protection Policy. Therefore, if you do not agree with all of the aforementioned Conditions and Data Protection Policies, please do not use this website and do not order any of the products indicated on it.

We will be happy to assist you with any queries, doubts or questions you may have regarding the Terms and Conditions and the Data Protection Policy, and you can contact us through the customer service channels indicated in the ”contact us” section of our website.

The Agreement (as defined below) may be viewed, at your option, in any of the languages in which the Terms are available on this website.

OUR DATA

The sale of products through this site is managed by E. Marinella srl di Luigi, Maurizio e Alessandro Marinella, in the person of the pro tempore legal representative Dr. Maurizio Marinella, registration number to the Register of Companies of Naples 04785580632, registered with the Rea number 39489, contact details available in the “contact” section of this site: eshop@emarinella.com.

DATA AND ACCESS TO OUR WEBSITE

The information and personal data provided by the customer will be treated in accordance with the regulations concerning Data Protection Policies. By using our website, the customer authorizes us to process the information and his personal data, making it clear that all information and/or personal data provided to us is correct and true.

USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

  • only use the website to make legally valid consultations or orders;
  • not to place false or fraudulent orders. If we have reason to believe that an order of this nature has been placed, we shall be entitled to cancel it and inform the relevant authorities;
  • provide us with your e-mail address, postal address and/or other contact details truthfully and correctly. You also agree that we may use this information to contact you (please refer to the Personal Data Protection Notice).

If you do not provide us with the information we require, we will not be able to process your order.

By placing an order through this website, you warrant that you are of legal age (eighteen years or older) and have the legal authority to enter into binding contracts.

These Terms govern the use of E.Marinella.eu with any other agreement or legal relationship with E.Marinella.eu in a binding manner.
The user is requested to read this document carefully.

The following conditions govern the sale of products offered on this website by the company:

E.MARINELLA SRL

Via Riviera di Chiaia, 287
80121 Naples, Italy
Email address: eshop@emarinella.com
Telephone: 081 33 59 972

1. PURCHASE

1.1 Purchase procedure

Each order submitted constitutes an offer to purchase products. Orders are subject to availability and discretionary acceptance by E.Marinella. The user must select the products and complete the check-out, after carefully verifying the information contained in the order summary. The order is completed at the moment of the order confirmation and is subject to the payment of the price indicated in the order summary.

Notification that the order has been processed does not constitute acceptance of the order.

The sales contract can only be concluded when E.Marinella sends an email confirming acceptance of the order and containing information on product shipment. 

For any other question, please contact E.Marinella’s customer service at the email address eshop@emarinella.com or by phone at 081 3359972 or by Whatsapp at +39 3287681255.

1.2 Product availability

E.Marinella reserves the right to modify prices, descriptions or availability of products without prior notice.

E.Marinella may not confirm an order, by informing the customer at the email address associated to his purchase or by message, of the possible unavailability of one or more ordered products. In these cases, E.Marinella will propose to the customer within 24 hours from the purchase to receive a refund of the unavailable item or an exchange with a different item of the same amount. 

If the customer chooses to receive the refund, it will be issued immediately after the processing of the returned item arrived in our logistics department, on the same payment method used to place the order and will be visible to the customer depending on his bank. If the customer chooses an exchange, his order will be shipped the next day, with delivery times indicated in point 4 “Shipping”.

E.Marinella cannot ship FRAGRANCES abroad, so even if the customer sees these items purchasable on the website, we inform that the sale will not be possible.

2. PAYMENTS

For online purchases, customers can choose to pay securely using the following payment methods:

  • Credit card
  • Paypal 
  • Payment on delivery (in Italy only)

It is possible to request an invoice by entering the company’s invoicing data in the dedicated space “NOTES ON ORDER”.

The purchase will be concluded when the customer receives the confirmation of acceptance from E.Marinella, without prejudice to E.Marinella’s right to demand the payments due, and to carry out the shipment only when the payment has been received, except in case of cash on delivery shipment. 

E.Marinella reserves the right not to accept incomplete or not duly completed orders. In case of non-execution of the order by E.Marinella due to the unavailability of the products ordered by the Customer, E.Marinella will inform the Customer as soon as possible, reimbursing the amounts already paid by the latter for the non-executed supply. 

CORPORATE INVOICING REQUESTS for Italian Customers

If you wish to receive a company invoice, please enter all the invoicing data in the “ORDER NOTES” field before completing the order payment. For orders for which there is no request at the time of ordering, it will not be possible to request an invoice at a later date.

For any information, please contact E.Marinella Customer Service.

 3. PRICES

In Italy, the prices of products include VAT or other applicable taxes or duties, and include shipping costs. 

Shipping and handling charges and the relevant VAT or other taxes and duties will be shown separately on a summary screen before the order is finalized, as well as in the Order Confirmation Email.

3.1 EU COUNTRY PRICES

The prices of the products specified on the website and sold in EU countries are inclusive of the VAT of the country of destination. In case of payment by credit card, E.Marinella srl will charge the amount related to the order only at the moment of sending the acceptance of the order itself. The summary of the order will be issued by E.Marinella srl at the moment of the completion of the payment by e-mail.

In the EU countries, an additional cost of 20 euros is requested for orders of less than 150 euros. This surcharge will be added automatically at the time of check-out.

3.2 UK PRICES

Prices on the site for users located in the UK are quoted without UK VAT.

Customers wishing to purchase from the UK must place a minimum order of £135.  

Since the UK left the EU, E.Marinella srl has made some changes to the prices on the website, which are shown exclusive of UK VAT. In addition, once the order arrives in the UK and goes through customs, the customer will be required to pay for customs clearance of the parcel and the VAT surcharge imposed by the UK.

We cannot provide an estimate of the value of the customs duties to be paid by the customer. For more information please contact the UK Customs Agency.

For any other questions please contact E.Marinella’s customer service at eshop@emarinella.com or by phone at 081 33 59 972 or on Whatsapp at +39 3287681255

3.3 US PRICES

In the USA and Canada, shipping is free for orders over $200. Orders under $200 require a $30 shipping charge.

If the order does NOT exceed $800, the customer will not be required to pay customs clearance fees

3.4 SWITZERLAND PRICES

Prices on the site for users located in Switzerland are shown without Italian VAT. There is an additional charge of 20 euros for orders of less than 150 euros.

Orders placed from Switzerland are subject to customs duties. The customer must pay any customs fees imposed by customs for shipments.

For further details, please consult the website of the Federal Customs Administration.

3.5 PRICES FOR NON-EU COUNTRIES (excluding UK and USA)

For all countries in which it is not possible to purchase through our E-commerce platform, it will be possible to make the purchase by contacting our customer service.

4. SHIPMENTS

4.1 DELIVERIES IN ITALY

Courier used and delivery times

E.Marinella delivers orders directly to the customer’s home or wherever the customer wishes.

Delivery by the courier is made in 24/48H from the moment the order is given to the courier, i.e. the day after the purchase on the E-commerce website*.

Orders are processed from Monday to Friday and are dispatched the day after order confirmation.*.

The shipping of the order is included in the price.

*Delivery times may be delayed during holidays and promotional periods.
** During promotions and holidays, all orders placed on Friday will be dispatched on the following Monday.

How to enter shipping data

At the time of payment, the customer will be asked for the data required for invoicing and delivery of the products. Please be very careful when filling out the form with the data, specifying the correct delivery address and telephone number. The courier will take care of the delivery of the products to the indicated address.

Important things to remember:

  • specify the correct address and name of the recipient
  • specify mobile phone number in case of any eventualities
  • pay attention to the delivery notifications issued by the courier for the receipt of the parcel. The courier will send the customer a message on the telephone number left at the time of order to provide the tracking of the shipment.
  • In the case of a gift, this must be specified in the “order notes” field so that only the courtesy receipt is included, without the price.

For further information you can contact the customer service at the number 081 33 59 972 or at the e-mail address eshop@emarinella.com or at the number Whatsapp +39 3287681255.

How to track your order

When the order is shipped, the customer will receive an email or a confirmation message from the courier with the link to track the order.

4.2 DELIVERIES TO EU COUNTRIES

Courier used and delivery times

The courier used is DHL or another international carrier with shipment tracking service, with delivery in 72/96H from the moment the package is handed over to the courier**.

**Delivery times may be delayed during holidays and promotional periods.

In EU countries there is an additional charge of 20 euros for orders of less than 150 euros. This surcharge will be calculated automatically when you check out.

4.3 DELIVERIES UNITED KINGDOM 

The courier used is DHL or another international carrier with shipment tracking service, with delivery in 72/96H from the moment the package is handed over to the courier**.

**Delivery times may be delayed during holidays and promotional periods.

The customer must pay any customs duty imposed by customs for shipments to the UK.

The DHL courier will contact the customer in order to clear any orders held in customs and complete the shipment. E.Marinella is not responsible for shipments not completed due to unresolved customs payments by the customer.

4.4 DELIVERIES SWITZERLAND

The courier used is DHL or another international carrier with shipment tracking service, with delivery in 72/96H from the moment the package is handed over to the courier**.

**Delivery times may be delayed during holidays and promotional periods.

The customer must pay any customs fees imposed by customs for shipments.

The DHL courier will contact the customer in order to clear any orders stopped in customs and complete the shipment. E.Marinella is not responsible for shipments not completed due to unresolved payments in customs by the customer.

4.5 USA DELIVERIES 

The courier used is DHL or another international carrier with shipment tracking service, with delivery in 72/96H from the moment the package is handed over to the courier**.

**Delivery times may be delayed during holidays and promotional periods.

The customer must pay any customs fees imposed by customs for shipments to the USA.

The DHL courier will contact the customer in order to clear any orders held in customs and complete the shipment. E.Marinella is not responsible for shipments not completed due to unresolved customs payments by the customer.

If the order does NOT exceed $800, the customer will not be required to pay customs clearance fees.

4.6 DELIVERY TO COUNTRIES OUTSIDE THE EU

For all countries where it is not possible to purchase through our E-commerce platform, it will be possible to make the purchase by contacting our customer service.

The customer is required to pay any customs fees imposed by customs for shipments to countries outside the EU.

For further information you can contact our customer service at 081 33 59 972 or at the e-mail address eshop@emarinella.com or at the Whatsapp number +39 3287681255.

5. RETURN AND RIGHT OF WITHDRAWAL

If the customer is not satisfied with the order, the return policy of E.Marinella srl allows, according to the Legislative Decree 206/2005 “Consumer Code”, to return the purchased item without having to specify the reason, within 14 working days from the delivery of the order. The products must be returned intact and in the same state in which they were received. The customer has to inform E.Marinella customer service of his wish to return all or part of the order by writing to eshop@emarinella.com or by calling 081 33 59 972. All returns have to be authorized by E.Marinella. Once this authorization has been received, the customer may return the product, enclosing the receipt, to the following address:

E.Marinella
Via Antiniana, 38
80078 Pozzuoli (Na)

The shipping costs will be entirely borne by the customer, who may use a courier of his choice to organize the shipment. E.Marinella is not responsible for any loss or damage to the returns sent. Cash on delivery parcels will not be accepted. Returns are only possible if the receipt is present in the returned package. Any customs fees required to return the order to Italy must be paid by the customer. E.Marinella will not accept to pay any customs duty on behalf of the customer.

Once the products have been received and their integrity has been verified, the company will issue the refund, item exchange or size exchange procedure, depending on the customer’s preference. The preference for the resolution of the return must be specified by the customer in the return form sent by customer service after being contacted.

The return to E. Marinella s.r.l. shop, both in Italy and abroad, is expressly excluded. Customers cannot return to E.Marinella sales points the article and receive the refund.

The refund can be requested by contacting customer service. Alternatively, the customer can exchange the article in one of our sales points, delivering the goods with a receipt and choosing only another article of equal or higher value, having to pay the difference in the second case.

Time and modalities of the refund

E.Marinella will credit the cost of the returned products to the customer, retaining, where necessary, the amount of any unpaid shipping costs, which will be definitively borne by the customer. The refund will be issued in 14 days from the date of acceptance of the return.

The customer can see the refund in its banking account depending on the method of payment used and specifically:

– Credit card: the technical time to obtain the refund depends on the credit institution that issued the card.

  • Paypal: the refund will be made directly to the customer’s Paypal account and will be visible in a couple of days. Paypal itself will send a communication confirming the refund.
  • C.O.D. payment* (only in Italy): to obtain a refund, the customer must have a bank account available. You will be contacted by Customer Care to define the details of the refund.

In the event of a damaged item, please contact our Customer Care service at the dedicated address eshop@emarinella.com within 24 hours of receiving the package.

6. LEGAL WARRANTY

The products sold through this website are covered by the mandatory legal warranty provided for by law in favour of consumers, to cover any lack of conformity existing at the time of delivery of the goods. The legal guarantee covers any lack of conformity of the goods that may occur within two years from their delivery, provided that it is reported within two months of discovery of the lack of conformity. According to the applicable legislation, a conformity defect exists if the product you have purchased a) does not comply with the description provided and does not possess the qualities presented on this website; b) is not suitable for the use for which the products are normally intended; c) does not possess the qualities and characteristics of a product of the same type and which can reasonably be expected, given the nature of the goods. To the extent provided for by law, we exclude all additional warranties, except those that cannot be legitimately excluded in respect of consumers and users.

In the event of a lack of conformity, you have the right to have the conformity of the goods restored at no cost to you.

If you believe that one or more of the products purchased have a conformity defect, please contact us at the references indicated on our website. The Legal Guarantee of Conformity does not cover product defects deriving from normal wear and tear, abnormal or improper use, accidental events and in any case maliciously caused to the product itself, nor does it cover defects deriving from repairs carried out according to unauthorised methods.

7. LIABILITY AND DISCLAIMER

Unless otherwise provided for in these Conditions, our liability in respect of products purchased on our website shall be limited exclusively to the purchase price of the product in question.

Without prejudice to what is provided for by the regulations in force and provided for in these Conditions, E. Marinella does not assume any responsibility for indirect damages, such as:

(a) loss of profit;

b) loss of business volume, loss of earnings or loss of contracts;

c) loss of expected savings

d) loss of data.

Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, except where expressly stated to the contrary.

These provisions do not in any way limit the rights granted to consumers under applicable law.

8. INTELLECTUAL PROPERTY

You acknowledge and accept that all copyrights, registered trademarks and any other intellectual property rights on the materials or contents presented as an integral part of the website are the property of E. Marinella srl and of those who have granted us a license for their use. You may use such material only in the ways for which you will receive express authorization from us or from those who have granted us a license for their use.

9. VIRUSES, PIRACY AND OTHER CYBER RISKS

You must avoid any unauthorized use of this Site and you must not introduce any viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If you do not have permission to do so, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You undertake not to perpetrate DoS attacks against this website. Failure to comply with this clause may result in violations as defined by the relevant legislation. If you do not comply with this legislation, we will inform the relevant authorities and we will cooperate with them in identifying those responsible for the attack. Similarly, if you do not comply with this Article, your authorization to use the website will be immediately withdrawn.

To the fullest extent permitted by applicable law and in respect of your fundamental rights as a consumer, we will not be liable for any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological damage to your computer equipment, data or materials as a result of your use of our website or downloading content from it or redirecting you to it.

10. LINKS FROM OUR WEBSITE

Where our website contains links to other pages or materials of third parties, such links are provided for your information only and we have no control over the content or materials contained in such pages or sites. Therefore, we shall not be liable for any damage or loss arising from their use.

11. WRITTEN COMMUNICATIONS

Applicable law requires that part of the information or communications we send to you be in writing. By using this website, you agree that most communications with us will be in electronic format. We will contact you by e-mail or provide you with information by placing notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. Nothing in this provision shall limit your rights under applicable law.

12. NOTICES

All notices to us should preferably be sent through the customer service channels set out in the ‘contact’ section of our website. We reserve the right, however, to send you any notices by e-mail or post to the address you provide to us when placing your order.

Notices will be deemed to have been received and properly served when posted on our website, respectively, 24 hours after sending an email, or three days after the date of posting. In proving service of a notice, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and delivered to the postal service and, in the case of an e-mail, that it was sent to the e-mail address of the addressee.

13. MAJOR FORCE

E. Marinella srl will not be responsible in any way for non-fulfillments or delays in the execution of any of its obligations under the Contract caused by “Force Majeure” events.
Events of Force Majeure means any act, event, failure to occur, omission or accident beyond our reasonable control; such expression includes, by way of example but not limited to:

a) Strikes, lock-outs or other labour unrest;

b) Fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics or other natural disasters;

c) Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (whether declared or not), or threats of war;

d) Inability to use railways, shipping, aviation, motor transport or other means of public or private transport, inability to use public or private telecommunications networks. 

e) Acts, decrees, laws, regulations or restrictions of any government;

It is understood that the performance of the obligations under the Contract shall be suspended for the duration of the Force Majeure Event. We shall be granted an extension of time for the performance of the Contract equal to the duration of such period. It is understood that, even during Force Majeure Events, we shall endeavour to find a solution by which to fulfil our contractual obligations.

14. PARTIAL NULLITY

If any article of the General Terms and Conditions, or any part thereof, or any of the provisions of the Contract, is found by the competent authority to be invalid, unlawful or unenforceable, such article, clause or provision shall be deemed to be unenforceable and the other articles, clauses and provisions shall remain valid to the fullest extent permitted by law.

15. RIGHT TO CHANGE THESE TERMS AND CONDITIONS

We reserve the right to revise and amend these Conditions at any time.

You will be subject to the Terms and Conditions in force at the time of your order unless a change to the Terms and Conditions or the Data Protection Policy is required to be made by law or at the request of government authority (in which case it will also apply to orders already placed with us).

16. APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website are governed exclusively by Italian law. For any dispute arising out of or relating to the use of the website or such contracts, in the event of legal action, the competent court shall be the court of the place of residence or domicile of the consumer. If you are entering into the Contract as a consumer, this clause shall in no way affect your rights as a consumer under the law.