Ver. 0 Rev.2
In accordance with consumer protection legislation, you may exercise your right to return purchased products without incurring any penalty and without the need to provide any reason, by informing EMA-BIA within fourteen (14) days from the date on which you received them from Ema-Bia.com.
In accordance with consumer protection legislation, the right to return may be exercised by employing one of the following methods of your choice: i) use of the Return Form (consistent with the form that has been standardized in accordance with consumer protection legislation) which is available online and which should be wholly completed in order to obtain a return number (the Vendor will send you an e-mail confirming receipt of the return request made through the Return Form);ii) sending the Vendor another declaration explicitly stating your decision to withdraw from the contract, without prejudice, in this latter case, to your pre-existing responsibility to prove that the return right was exercised in a proper, timely manner.
Return items must be shipped back to EMA-BIA within seven (7) days from the date on which you informed the Vendor of your decision to withdraw from the contract.
The products may be returned by dispatching the package through the shipping agent indicated by EMA-BIA (DHL) (only for products damaged at origin) using the pre-paid and pre-printed label inside your package or through another shipping agent.
In certain circumstances, duly specified in the Return Form, it is possible to exchange a given product with another.
In accordance with consumer protection legislation, the right to return is excluded in the event that you purchased customised or personalised products, or sealed items that were opened after delivery that cannot be returned for hygiene or health reasons, such as, for example, products belonging to the “Cosmetics” category, whose sealed packaging has been opened.
I. Terms and Conditions of Return
If you want to cancel the purchase of your product , you may choose one of the following methods, in accordance with consumer protection legislation, within fourteen (14) calendar days (beginning on the day you received the products (or for purchases of multiple products, the day on which you received the last product):
i) use of the Return Form (in conformity with the standard form in accordance with consumer protection legislation, to be duly compiled and submitted to Ema-Bia.com by email on te email address email@example.com) sending the Vendor another declaration explicitly stating your decision to withdraw from the contract. You should keep a record of your cancellation notice.
The right to return – in addition to compliance with the terms and procedures above – is exercised properly when the following conditions have also been met:
a. make sure that you take reasonable care of the products and that they have not been used, worn, washed, modified or damaged;
b. the identification should still attached to the products with the disposable seal;
c. the products should be returned, complete and unused, in their original packaging; if you want to return a kit, it must include all of its components;
d. the returned items must be shipped back by courier within seven (7) calendar days of the date you notify us of your decision to cancel.
In accordance with consumer protection legislation, whatever form of payment you used, EMA-BIA will refund you the payment received for the product, excluded shipping costs; from you for such cancelled purchase, exncluding standard delivery costs within:
a) where you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time; (*you will remain liable for any loss or damage to the products during transport).
b) where we collect the products from you through our approved courier (just in case of product damaged at origin), thirty(30) calendar days of when EMA-BIA was informed of your decision to exercise your cancellation right or ten (10) calendar days from the date when the return items are delivered to vendor. In that case, you will have to use the courier indicated by EMA-BIA in the online Return Form using the pre-paid and pre-printed label inside your package, you will not have to pay the cost for returning the products upfront. In this case, EMA-BIA will pay the return shipping costs for you and will deduct the cost of return postage from your refund. The fee will correspond to the original cost of shipping for the order. However, if you choose to use a different courier or other postage method for your return, you will have to pay for the return shipping cost upfront and at your own expense in accordance with our returns instructions. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
Should you decide to exercise your right to return purchased products, please take reasonable care of the products. EMA-BIA has the right to not accept returned and/or make a claim against you if you do not take reasonable care of the products, for example, where products are returned without the corresponding tag or seal or that have been altered from their original status, worn, used or damaged. You will be notified if the returned products cannot be accepted. In this case, you may choose to have the products delivered to you at no expense by EMA-BIA. If you refuse the above delivery, EMA-BIA reserves the right to retain the products and the amount paid for your purchase of the products.
Without limiting the paragraph above, the cancellation right set out above does not apply to: (a) sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons; (b) products comprising sealed audio or video recordings (such as DVDs and CDs) or computer software, if the product becomes unsealed after delivery; (c) products which are made to your specifications or clearly personalized; or (d) products which have become inseparably mixed with other items after delivery.
II. Refund Times and Procedures
In accordance with consumer protection legislation, only after EMA-BIA has received the returned products and checked that the products meet all requirements, you will receive an e-mail that the returned products have been accepted and EMA-BIA will reimburse the amount owed you. Whatever form of payment you used (credit/debit card, PayPal,), the refund procedure will start within: (a), fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products.
Without prejudice to the above, the time period for refunding the amount you paid for purchasing the returned products depends on the form of payment used:
- purchase by Credit/Debit card: refund time will depend on the credit card company’s policies. We would like to assure you, however, that the value date for the credit will be communicate at the time of the acceptance of the refund
- payment by PayPal: refunds will be credited to your PayPal. The actual reimbursement to the credit card associated with your PayPal account depends on the company that issued the card;
Where the product was purchase as a gift, the refund of the sums paid for purchases will be made to the individual who purchased the product and made the payment.
III. Conditions for the Exchange of Products
In certain circumstances detailed below, you shall be entitled to exchange your product for a different size or colour of the same model. Exchanges are subject to product availability at our warehouse. You can request an exchange using the online Return Form on the website, which allows you to exchange your purchased products using the options available.
The request for an exchange of the product is subject to the following conditions:
a. product exchange shall only apply to purchased products for which this possibility is expressly specified on the online Return Form on our website by means of the word "EXCHANGE” being available";
b. you may only request the replacement of one or more purchased products with products of the same model, but in a different size and/or colour. The available replacement options will be indicated in the online Return Form;
c. you may request to exchange one or more purchased products within and not later than fourteen (14) calendar days of the day you receive the products, by filling in the Return Form and sending it via electronic means to EMA-BIA within the aforementioned deadline. The products to be replaced should be returned within seven(7) calendar days of the day you received them.;
d. you may only submit a single replacement request for each product purchased;
e. the products for which you request the replacement must be returned to EMA-BIA in their original packaging, they must not have been used, worn, washed, modified or damaged, and they must still have their identification tag attached with the disposable seal;
f. the products to be exchanged that are part of a single order must be returned to EMA-BIA in a single shipment. EMA-BIA reserves the right to refuse products of the same order that are shipped for replacement in different stages.
If all the above conditions are correctly fulfilled, once you have filled in and transmitted the Return Form containing you request for goods replacement, EMA-BIA will process said request by sending you a relevant confirmation email.
IV. Deadlines and Procedure for Obtaining Products Exchange
After receiving the products to be exchanged, EMA-BIA will inspect the products to check that all the above requirements have been fulfilled, EMA-BIA will then verify the actual availability of the replacement products in its warehouses of the products to ensure that the size and/or colour you have selected are available.
If the selected replacement products are not available in the warehouse, EMA-BIA will not be able to accept your request for an exchange and will refund you the original price of the products originally purchased in accordance with consumer protection legislation and with the procedures specified in Sections I and II herein.
If the selected products are available in the warehouse, EMA-BIA will accept your request for an exchange and will send you an e-mail confirming the shipment of the replacement products. Shipment will occur within thirty (30) working days of the date from which EMA-BIA was made aware of your request for exchange The costs for shipping the replacement products shall be borne by EMA-BIA.When exchanging a product, if the price of the purchased product is lower or higher than the chosen replacement product, you will not be required to pay the relative price difference. However, if you choose to return the exchanged product in accordance with your legal rights within fourteen (14) calendar days of the day you received the product, you will receive a full refund for the price paid for the product, in accordance with Sections I and II above.
You will be contacted by EMA-BIA if your request for an exchange cannot be accepted because the above conditions have not been met. In this instance, you can have the original products shipped back at your expense or EMA-BIA will issue a refund in accordance with the procedures set out in Sections I and II.
The exchange products are subject to a subsequent product return procedure, in accordance with consumer protection legislation and pursuant to Sections I and II herein.
V. Disposable Seal & Identification Tag
All products sold by EMA-BIA include an identification tag attached complete with a bar code identification . Please try on the products without removing the tag and seal. Returned products without the tag or seal will not be accepted. We remind you that in accordance with consumer protection legislation, you will be liable for any decrease in the value of products returned to the Vendor resulting from any use of the same products other than that which is necessary to verify their nature, characteristics and functionality
VI. EMA-BIA Return Shipping
You will have to pay for the cost of return shipping upfront and you will be responsible for any loss or damage to the products during the transit and we suggest you obtain proof of postage. For your protection, we recommend that you use a reputable courier service.
In case of return for delivery of damaged product, EMA-BIA has chosen DHL (visit DHLhttp://www.DHL.com) as EMA-BIA's official package delivery courier company. As advised by EMA-BIA Products can be returned to EMA-BIA in accordance with this policy by the courier DHL, using the pre-paid and pre-printed label enclosed in the package in which the products were shipped. If you use DHL, you will not have to pay for the shipping costs upfront and you will be able to track the package at any time. The shipping costs will be deducted from your refund. To organise the pick-up of the products you wish to return please contact DHL. Alternatively, if you decide to use a different shipping courier or other postage method than the one provided by EMA-BIA.
VII. EMA-BIA Consumer Code
These Conditions for the exercise of the right of withdrawal, which form an integral part of the General Terms and Conditions of Sale, are governed by Italian law and in particular by the Consumer Code, Chapter I "Consumers' rights in contracts".
Ver. 0 Rev.2