Terms and Conditions
1. Introductory Provisions
The online store www.emia-boutique.com/en is operated by EMIA BOUTIQUE DES BRUDER JAN, with registered address at Via Sciliar 20/A, 39040 Castelrotto (BZ), Italy, store and delivery/returns/complaints address: Via Sciliar 20/A, 39040 Castelrotto (BZ), Italy, e-mail: customers@emia-boutique.com, phone: +39 347 0598524 ("Seller").
These Terms and Conditions of Sale govern purchases made through the EMIA Boutique online store and form an integral part of the sales contract concluded between the Seller and the customer.
"Consumer" means a natural person who purchases for purposes unrelated to any business, commercial, craft or professional activity. "Professional Customer" means a customer who does not qualify as a Consumer.
For customers purchasing under the Italian legal set, the contractual relationship is governed by Italian law, including the Italian Consumer Code, Legislative Decree 206/2005, where applicable. Mandatory consumer protection rules remain unaffected.
2. Conclusion of the Contract
The presentation of products in the online store is informational and does not constitute a binding public offer, unless expressly stated otherwise.
The customer places an order by selecting products, quantity, shipping method and payment method available in the Shopify checkout. Before submitting the order, the customer can check and correct the information entered.
By submitting the order, the customer confirms that they have read and accepted these Terms and Conditions of Sale. Acceptance is expressed through the function provided in the Shopify checkout or, in any case, through a clear reference to these terms before order completion.
The sales contract is concluded when the Seller confirms acceptance of the order by e-mail sent to the address provided by the customer.
The customer bears any costs for the use of distance communication means according to the rates of their provider.
Unless otherwise agreed, the shipping method is the method selected by the customer from the options available in checkout. Shipping costs are shown in the order summary before confirmation.
The payment methods available at launch are:
- Visa,
- Mastercard,
- Apple Pay,
- Google Pay,
- Shop Pay,
- PayPal.
The Seller may require advance payment in justified cases and within the limits permitted by law.
For certain payment methods, the customer may be redirected to a third-party payment service provider, which directly handles payment data.
3. Prices and Tax Documents
Prices shown in the online store are expressed in euros and include VAT, unless expressly stated otherwise.
The applicable price is the price displayed when the order is completed. The Seller reserves the right to change prices, promotions and product availability without affecting orders already confirmed.
The Seller issues the applicable receipt or tax document under the relevant rules and sends it, where applicable, electronically to the e-mail address provided by the customer.
4. Discount Codes
The customer may use discount codes made available by the Seller according to the conditions applicable to each code.
Unless otherwise stated, discount codes cannot be combined and cannot be used on products that are already discounted or on sale.
The value of the discount code is allocated to the products to which the code applies.
In case of withdrawal or another justified return, the customer is entitled to a refund of the amount actually paid. The customer is not automatically entitled to a new discount code or compensation for any unused part of the code, unless the Seller decides otherwise.
Discount codes cannot be exchanged for cash.
5. Shipping and Delivery
The Seller ships products as soon as possible and in any event within the maximum period required by applicable law, unless otherwise agreed or indicated in checkout.
For online payments, shipment may take place after payment confirmation.
The customer will receive an e-mail notification regarding shipment of the order.
Ownership of the products and the risk of loss or damage pass to the customer upon delivery, within the limits provided by applicable law.
Upon delivery, the customer is invited to check the integrity of the packaging and report any visible damage to the carrier and the Seller.
If, for reasons attributable to the customer, delivery must be repeated or carried out in a way different from the one indicated in the order, the customer may be required to bear the related additional costs, within the limits permitted by law.
In case of repeated unjustified returns of products clearly used or repeated unjustified failure to collect orders, the Seller reserves the right, within the limits permitted by law, to require advance payment, refuse to conclude the contract or withdraw from the contract.
6. Rights and Obligations of the Parties
The Seller undertakes to deliver the ordered products at the agreed price. The customer undertakes to pay the price and receive the products according to the order.
The customer is responsible for the accuracy and completeness of the information provided during the order process.
Communications from the Seller may be sent to the e-mail address provided by the customer in the order or online forms.
EMIA Boutique does not use mandatory customer accounts at launch. Purchases are made through guest checkout or an equivalent Shopify process.
7. Right of Withdrawal
The Consumer has the right to withdraw from a distance contract without giving any reason within 14 days from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the products.
The withdrawal deadline is met if the Consumer sends the withdrawal communication before the 14-day period expires.
The Consumer may exercise the right of withdrawal through the Returns and Withdrawal page: https://emia-boutique.com/pages/returns-withdrawal.
For the online withdrawal function, the Shopify interface should use a clear and unambiguous label, such as Withdraw from the contract here or an equivalent wording. After submission of the online form, EMIA sends without undue delay an acknowledgement of receipt on a durable medium to the e-mail address provided by the Consumer.
After receiving the withdrawal request, EMIA sends the Consumer instructions for returning the products.
The Consumer must return the products without undue delay and in any event within 14 days from communicating the withdrawal to: EMIA Boutique, Via Sciliar 20/A, 39040 Castelrotto (BZ), Italy.
Products must be returned complete, undamaged, with tags and accessories, without signs of use exceeding what is necessary to establish their nature, characteristics and functioning and, where possible, in the original undamaged packaging.
The Consumer is responsible for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
The Consumer bears the direct costs of returning the products to the Seller, unless expressly stated otherwise by the Seller or required by law.
In case of valid withdrawal, the Seller refunds all payments received from the Consumer, including standard delivery costs corresponding to the least expensive delivery method offered by the Seller, within 14 days from the withdrawal communication. The Seller may withhold the refund until it has received the products or until the Consumer has supplied evidence of having sent them back, whichever is earlier.
The refund is made using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed with the Consumer and without additional costs for the Consumer.
The right of withdrawal does not apply in the cases provided by law, including, by way of example, products made to measure or clearly personalized and sealed products that are not suitable for return for health protection or hygiene reasons if opened after delivery, such as underwear or swimwear.
If the customer sends products without being entitled to withdraw, EMIA will inform the customer by e-mail. The product may not be accepted or may be returned to the customer at their expense, within the limits permitted by law.
If a gift was provided together with the products, the customer must also return the gift in case of withdrawal, unless otherwise indicated by the Seller.
8. Legal Guarantee and Complaints
For Consumers, the legal guarantee of conformity under the Italian Consumer Code applies. The Seller is liable for lack of conformity existing at the time of delivery that becomes apparent within two years from delivery.
Unless proven otherwise, any lack of conformity that becomes apparent within one year from delivery is presumed to have existed at that time, unless this presumption is incompatible with the nature of the goods or the defect.
In case of lack of conformity, the Consumer is entitled to the remedies provided by law, including repair, replacement, proportional price reduction or termination of the contract, according to the conditions and hierarchy provided by the Italian Consumer Code.
The Consumer may submit a complaint through the Complaints page: https://emia-boutique.com/pages/returns-withdrawal.
After submission of the online form, EMIA sends an automatic acknowledgement of receipt to the e-mail address provided by the Consumer. EMIA may carry out a preliminary assessment and, if physical inspection is necessary, send instructions for shipping the product.
If physical inspection is necessary, the Consumer initially ships the product at their own cost to: EMIA Boutique, Via Sciliar 20/A, 39040 Castelrotto (BZ), Italy, and keeps proof of the shipping costs incurred.
If the complaint is accepted, EMIA reimburses the Consumer for reasonable and necessary shipping costs incurred to exercise warranty rights.
The product subject to complaint must be sent complete, clean and in hygienic condition suitable for assessment.
EMIA informs the Consumer of the complaint outcome by e-mail.
Warranty rights do not apply, within the limits provided by law, to defects arising from normal wear and tear, improper use, lack of or incorrect maintenance, damage caused by the customer or third parties, or defects known to the customer at the time of purchase.
In case of a dispute between the Consumer and the Seller that cannot be resolved amicably, the Consumer may contact the competent ADR bodies. The European ODR platform has been discontinued as of 20 July 2025; information on alternative dispute resolution bodies is available through the official channels of the European Union and competent authorities.
9. Personal Data Protection
The processing of personal data is governed by the EMIA Boutique Privacy Notice: https://emia-boutique.com/pages/privacy-policy-1.
Cookie use and cookie preference management are handled through Iubenda according to the Cookie Policy and preference panel available on the website.
10. Final Provisions
If any provision of these Terms and Conditions of Sale is invalid or ineffective, the remaining provisions remain valid and effective.
The Seller may amend these Terms and Conditions of Sale. Amendments apply from publication and do not affect rights and obligations arising before their effective date.
The current version of these Terms and Conditions of Sale is available at: https://emia-boutique.com/pages/terms-and-conditions.
These Terms and Conditions of Sale are effective from 1 August 2026.
