Return Policy
Pursuant to Article 52 of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”), you have the right to withdraw from the contract signed with the Seller without penalty and without having to provide any reason, within fourteen (14) days from the day you received the products purchased on Ema-Bia.com. Pursuant to Article 54 of the Consumer Code, the right of withdrawal may be exercised using, at your option, one of the following methods: i) use of the Return Form (conforming to the model form pursuant to Art. 49, paragraph 4 of the Consumer Code) that you can find online to be filled out in full in order to obtain the return number (the Seller will send you confirmation by e-mail of receipt of the withdrawal request transmitted by means of the Return Form);ii) sending to the Seller another explicit statement of your decision to withdraw from the contract, it being understood that, in such cases, the burden of proving the correct and timely exercise of the right of withdrawal will remain on you. The products to be returned must be delivered to the courier within seven (7) days from the date you informed the Seller of your decision to withdraw from the contract.
The products must be returned via the courier indicated by EMA-BIA (DHL) using the prepaid label that will be forwarded to you together with the confirmation of receipt of the form. In accordance with Article 59 of the Consumer Code, the right of withdrawal is excluded if you have purchased custom-made or personalized packaged products or sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.
I. Terms and Conditions of Return
The right of withdrawal shall be deemed to have been properly exercised if the following conditions are fully met:
a. within fourteen (14) days of receipt of the products, you must correctly complete and transmit: the Return Form that you find online at the following email address info@ema-bia.com., alternatively, or send other explicit statement of your decision to withdraw from the contract also by registered letter to the address of EMA-BIA di Emanuela Bianchi sole proprietorship. With registered office in Italy, Via G.Donizetti ,4 – 21100 Varese, to be confirmed, at your discretion;
b. the products must not have been used, worn, washed or damaged;
c. the identification tag must still be attached to the products with identification code attached;
d. the products must be returned in their original packaging ( if you want to return a kit, you must return all the items in it);
e. the returned products must be delivered to the carrier of your choice within seven(7) days starting from when you informed the Seller of your decision to withdraw from the contract;
f. the products must not be damaged.
If you have complied with all the required conditions, EMA-BIA pursuant to Article 56 of the Consumer Code will refund the price of the purchased products including shipping costs. You will be contacted if your return cannot be accepted because it does not comply with the conditions above in (a), (e) and (f) of the previous paragraph. In this case, you may choose to have the purchased products back at your expense. Should you refuse this shipment EMA-BIA reserves the right to retain the products and the amount corresponding to the purchase price of the products.
You will, in addition, be contacted if your return cannot be accepted because it does not comply with the conditions above under b) c) d) e) f) of the previous paragraph. In this case, you will be able to choose whether to accept the curtailment of the refund, which will be communicated to you, due to the decrease in value of the returned products, or to have the purchased products back at your expense. Should you refuse this shipment EMA-BIA reserves the right to retain the products and the amount indicated for the curtailment of the refund, due to the decrease in value of the returned products.
Should you return a product, you must use EMA-BIA’s chosen courier (DHL) for shipping using the label that will be sent to you. As described above, you will not have to pay the return shipping charges yourself; in fact, EMA-BIA will pay the DHL courier on your behalf.
II. Refund Times and Procedures
In some specific cases, duly reported in the Return Form, as an alternative to exercising the right of withdrawal, you will have the opportunity to exchange the purchased products with others, instead of obtaining a refund of the relevant price.
The exchange request will take place within the limits provided below:
a. only those products purchased, for which this possibility will be expressly provided in the Return Form, may be subject to exchange;
b. you will be able to request the exchange of one or more purchased products only with products of the same model with the same price. In each case, the options available for exchange will be indicated in the Return Form;
c. you will be able to request an exchange of one or more products purchased no later than fourteen (14) business days from the date of their delivery, by completing the Return Form, to be sent electronically to EMA-BIA within the aforementioned deadline. The products to be exchanged must be delivered to the carrier within seven (7) days commencing when you have notified Seller of your decision to exchange the products.
d. you may only make one exchange request per product purchased;
e. the products for which you request an exchange must be returned to EMA-BIA in their original packaging, unused, unworn, washed or damaged, and the identification tag must still be attached with the disposable seal;
f. products to be exchanged that are part of a single order must be sent to EMA-BIA in a single shipment. In fact, EMA-BIA reserves the right not to accept products from the same order shipped for exchange at different times. If all of the above conditions are properly met, once you have completed and submitted the Return Form containing your exchange request, EMA-BIA will take care of the same exchange request by sending you an e-mail confirmation to that effect.
III. Conditions for the Exchange of Products
In some specific cases, duly reported in the Return Form, as an alternative to exercising the right of withdrawal, you will have the opportunity to exchange the purchased products with others, instead of obtaining a refund of the relevant price.
The exchange request will take place within the limits provided below:
a. only those products purchased, for which this possibility will be expressly provided in the Return Form, may be subject to exchange;
b. you will be able to request the exchange of one or more purchased products only with products of the same model with the same price. In each case, the options available for exchange will be indicated in the Return Form;
c. you will be able to request the exchange of one or more products purchased no later than fourteen (14) business days from the date of their delivery, by completing the Return Form, to be sent electronically to EMA-BIA within the aforementioned deadline. The products to be exchanged must be delivered to the carrier within seven (7) days commencing when you have notified Seller of your decision to exchange the products.
d. you may only make one exchange request per product purchased;
e. the products for which you request an exchange must be returned to EMA-BIA in their original packaging, unused, unworn, washed or damaged, and the identification tag must still be attached with the disposable seal;
f. products to be exchanged that are part of a single order must be sent to EMA-BIA in a single shipment. In fact, EMA-BIA reserves the right not to accept products from the same order shipped for exchange at different times. If all of the above conditions are properly met, once you have completed and submitted the Return Form containing your exchange request, EMA-BIA will take care of the same exchange request by sending you an e-mail confirmation to that effect.
IV. Deadlines and Procedure for Obtaining Products Exchange
After EMA-BIA has received the product(s) you intend to exchange and checked that all the requirements set forth above have been met, EMA-BIA will verify the actual availability at its warehouses of the product(s) in the color you have selected.
In the event that the product or products selected for the exchange are not available at its warehouses, EMA-BIA will not be able to accept your request for an exchange and will therefore proceed to refund the price of the product or products originally purchased and not replaceable, in accordance with the provisions of the Consumer Code and in the manner provided in Section I and II of this policy.
In the event that the product or products selected for exchange are available, EMA-BIA may grant your request for exchange and will therefore proceed to send you an e-mail confirming that the replacement products have been shipped. Shipment will occur in this case within thirty (30) days from the date EMA-BIA becomes aware of your exchange request, once it has verified that the exchange request has been made in accordance with the conditions set forth above in Section III of this policy. The cost of shipping the replacement products will be borne by EMA-BIA, which will choose the appropriate carrier.
You will be contacted in the event that your exchange request cannot be accepted because it does not comply with the conditions above in Section III of this policy. In this case, you may choose to have the products you intended to exchange back at your expense. In the event that you refuse this shipment, EMA-BIA reserves the right to retain the products and also recurring one of the assumptions above in section I of this policy, may also retain the amount corresponding to the purchase price of the of the products themselves, or the amount indicated for the curtailment of the refund, due to the decrease in value of the returned products.
The replacement product or products may be subject to subsequent return pursuant to Article 52 of the Consumer Code and in accordance with the provisions of Sections I and II above.
V. Disposable Seal & Identification Tag
All products offered for sale by EMA-BIA have an identification tag and product barcode, which is an integral part of the good. We encourage you to check the product without removing the tag and its code . We also remind you that, in accordance with Article 57, II paragraph, of the Consumer Code, you will be responsible for the decrease in the value of the products returned to the Seller, resulting from the use of the products other than what is necessary to ascertain their nature, characteristics and operation.
VI. RETURN OF PRODUCTS
Following the proper transmission and verification of the return form, you must ship the same via the DHL courier indicated by EMA-BIA, using the label that will be sent to you at the time of the communication of the right of withdrawal . This method will allow EMA-BIA to pay, on your behalf, for the shipment and to verify where your package is at all times. In order to arrange pickup of the products you wish to return contact DHL.
VII. Consumer Code
These Conditions for the Exercise of the Right of Withdrawal, which are an integral part of the General Conditions of Sale, are governed by Italian law and in particular by the Consumer Code, Chapter I° “Of Consumer Rights in Contracts”.