Terms of service

 

OVERVIEW

 


Welcome to Emozioni Fiori Torino (“Emozioni”, “we”, “us”, “our”).


Emozioni operates this online shop and website, including information, content, features, tools, products and services, in order to provide you, as a customer, with a complete shopping experience (the “Services”).


Emozioni is powered by the Shopify platform, which enables us to provide the Services to you.


The following terms and conditions, together with any policies referred to herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use our Services.


Please read these Terms of Service carefully, as they include important information about your legal rights and contain limitations of warranty and liability.


By visiting, interacting with or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not accept these Terms or the Privacy Policy, you must not use or access our Services.

 

 

 

SECTION 1 – ACCESS AND ACCOUNT

 


By accepting these Terms, you declare that you are of legal age under the laws of the State in which you reside (for Italy, at least 18 years old) and, where applicable, that you have given your consent for any minors connected to you to use the Services through devices at your disposal.


To use the Services – including browsing the online shop and purchasing products or services – we may ask you for certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is true, up to date and complete and that you are authorised to use it.


If you create an account, you are responsible for its activity and for keeping its login credentials confidential. You may not transfer, sell, license or otherwise make your account available to third parties.

 

 

 

SECTION 2 – OUR PRODUCTS

 


We do our best to present our products accurately in the online shop – in particular bouquets, floral arrangements, fresh flowers, dried flowers, plants, candles and handmade items. However, colours and appearance may vary depending on the device you use (monitor, smartphone, brightness/colour settings).


We cannot guarantee that the appearance or quality of the products or services purchased will exactly meet your expectations or be identical to the images or descriptions on the website.


All product descriptions, prices, availability and related information may be changed at any time, without notice, at our sole discretion. We reserve the right to discontinue any product, to offer limited editions and to limit, from time to time, the quantities available per customer, geographical area or jurisdiction.


For fresh and perishable floral products, there may be slight variations from the photos (flower varieties and shades, foliage, wrapping materials) due to seasonality and availability in the shop. In such cases, Emozioni undertakes to keep the style, value and colour palette as consistent as possible with what is shown online.

 

 

 

SECTION 3 – ORDERS

 


When you place an order, you are making an offer to purchase to Emozioni. Emozioni reserves the right to accept or refuse the order, in whole or in part, at its discretion and for any reason (for example: product unavailability, payment problems, delivery address not served).


The order is deemed confirmed only when you receive our confirmation email. Before accepting the order, we must receive and successfully process the payment.


Please check the order summary carefully before submitting it, as – particularly for fresh and personalised products – we may not be able to accept requests for cancellation or changes once the order has been confirmed or preparation has begun.


If an order is refused, changed or cancelled, we will contact you using the contact details you provided (email, billing address and/or phone number).


Purchases are subject to our Refund Policy.


You represent and warrant that you are purchasing the products for personal or household use and not for resale or unauthorised commercial distribution.

 

 

 

SECTION 4 – PRICES AND BILLING

 


Prices, discounts, promotions and coupon codes may be changed at any time, without notice. The price applied is the one shown at the time the order is submitted, as stated in the confirmation email.


Unless otherwise stated, published prices are expressed in euros and may be shown:

 

  • including VAT (where specified)

  • excluding shipping/delivery charges and any additional costs (e.g. gift wrapping, extra services).

 


Online prices may differ from those charged in the Emozioni Fiori Torino physical shop or through any other sales channels.


To complete your purchase, you agree to provide correct, up-to-date and complete payment, billing and shipping details, and to promptly update any changes (e.g. an expired credit card, a change of address).


You represent and warrant that:

 

  1. the payment details you enter are true, correct and complete;

  2. you are authorised to use the selected payment method;

  3. the issuer of the payment method will authorise the charges relating to your orders;

  4. you will pay all amounts due in accordance with the prices and conditions shown at the time of purchase.

 

 

 

 

SECTION 5 – SHIPPING AND DELIVERY

 


For products delivered to your home, Emozioni undertakes to meet – as far as possible – the date or time slot indicated when ordering, it being understood that these times are estimates and cannot be guaranteed.


We are not responsible for delays caused by:

 

  • traffic or logistical obstacles,

  • weather conditions,

  • errors or omissions in delivery addresses,

  • events beyond our control.

 


Once the products have been handed to the courier or delivery to the address provided has been completed, the risk of loss or damage passes to you.


For local deliveries in Turin and the areas served, delivery may be carried out directly by Emozioni or by appointed partners.

 

 

 

SECTION 6 – INTELLECTUAL PROPERTY

 


All content and materials on the Services – including, by way of example, trademarks, brands, text, descriptions, images, photographs, graphics, videos, layouts, designs, logos and illustrations, as well as their selection and arrangement – are the property of Emozioni Fiori Torino, its affiliates or licensors, and are protected by applicable copyright and intellectual property laws.


You may use the Services for personal, non-commercial use only. Without our written consent, you may not copy, reproduce, modify, publish, distribute, display, transmit, create derivative works from or otherwise exploit the content of the Services.


Emozioni's names, logos, product and service names, designs and slogans are trademarks of Emozioni or its licensors. They may not be used without our written permission.


The Shopify name, logo and trademarks are the property of Shopify. All other trademarks appearing on the Services belong to their respective owners.

 

 

 

SECTION 7 – OPTIONAL TOOLS

 


The Services may include third-party tools and features (e.g. payment systems, maps, social widgets) that we neither control nor extensively verify.


Such tools are provided “as is” and “as available”, without any warranty or liability on our part. Your use of these tools is at your own risk, and we encourage you to read the relevant terms of use provided by the third parties.


In the future we may add new features or tools: these will form part of the Services and will be subject to these Terms.

 

 

 

SECTION 8 – THIRD-PARTY LINKS

 


The website and the Services may contain links to third-party websites or resources. We have no control over such websites, do not guarantee their content and are not responsible for any damage or problems arising from their use.


Please read the terms and privacy policies of such websites carefully before making any purchase or providing personal data. Any complaints about third-party products or services must be addressed directly to those third parties.

 

 

 

SECTION 9 – RELATIONSHIP WITH SHOPIFY

 


Emozioni is run on the Shopify platform, which enables us to offer you the Services. However, all sales and purchases made in our shop take place directly between you and Emozioni.


By using the Services, you understand and agree that Shopify is in no way responsible for transactions between you and Emozioni, nor for any damage, loss or claims arising from the purchase or use of our products and services. You expressly release Shopify and its affiliates from any liability connected with your transactions with Emozioni.

 

 

 

SECTION 10 – PRIVACY POLICY

 


Personal data collected through the Services is processed in accordance with our Privacy Policy. Some data may also be processed by Shopify in accordance with its own privacy policy.


By using the Services, you declare that you have read and understood our Privacy Policy and that of Shopify, and you consent to the processing of data as described.


To enable us to provide and improve the Services, the data you enter may be transmitted to Shopify and to third parties (e.g. payment systems, couriers), including in countries other than your own, always in compliance with applicable law.

 

 

 

SECTION 11 – FEEDBACK

 


If you send us ideas, comments, reviews, suggestions, photographs or other content (“Feedback”), you grant us a free, transferable, irrevocable, worldwide licence to use, reproduce, modify, publish and display such content in any form, for example to promote the Services or improve our products.


You confirm that you own the rights to such content, that you have disclosed any compensation received for its publication, and that the Feedback complies with the law and with these Terms.


We are under no obligation to:

 

  1. keep Feedback confidential;

  2. pay you any compensation;

  3. respond to Feedback.

 


We may remove or edit Feedback that we consider, at our discretion, to be unlawful, offensive, defamatory or in breach of third-party rights.

 

 

 

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

 


The Services may, from time to time, contain typographical errors, inaccuracies or omissions (e.g. in product descriptions, prices, availability, delivery times). We reserve the right to correct such errors at any time, without notice, including after an order has been submitted. In such cases we may change or cancel the order concerned and contact you using the contact details provided.

 

 

 

SECTION 13 – PROHIBITED USES

 


You may use the Services only for lawful purposes. Among other things, it is prohibited to:

 

  • use the Services for illegal or harmful activities;

  • breach applicable laws;

  • infringe our intellectual property rights or those of third parties;

  • send offensive, discriminatory, defamatory or violent content;

  • transmit false or misleading information;

  • distribute spam, chain letters or unauthorised solicitations;

  • upload or distribute viruses, malware or other harmful code;

  • collect personal data of other users without their consent;

  • attempt to gain unauthorised access to systems or circumvent security measures.

 


We reserve the right to suspend or terminate access to the Services for anyone who breaches these Terms.

 

 

 

SECTION 14 – TERMINATION

 


We may suspend or terminate access to the Services, in whole or in part, at any time and at our discretion, for example in the event of a breach of the Terms or for technical reasons. In the event of termination, all amounts relating to orders already confirmed remain due.


Clauses which by their nature continue to have effect after termination (e.g. intellectual property, limitations of liability, governing law) remain in force.

 

 

 

SECTION 15 – DISCLAIMER OF WARRANTIES

 


The information provided through the Services is general and for information purposes only. While we strive to keep it accurate and up to date, we do not guarantee that it is free from errors or always complete.


Except as otherwise provided by law or expressly stated by Emozioni, the Services and all products are provided “as is” and “as available”, without warranties of any kind, express or implied, including – by way of example – warranties of merchantability, fitness for a particular purpose, reliability and continuous availability.


We do not guarantee that the website will always be accessible without interruption, or that it will be free from errors, viruses or other harmful components.

 

 

 

SECTION 16 – LIMITATION OF LIABILITY

 


To the maximum extent permitted by applicable law, Emozioni, its owners, collaborators, employees, suppliers and partners shall not be liable for any direct or indirect damages of any kind arising from or connected with:

 

  • the use of, or inability to use, the Services;

  • the purchase or use of the products;

  • errors or omissions in the content;

  • unauthorised access to your data or information.

 


This is without prejudice to any liability that cannot be excluded or limited under applicable law (e.g. liability for wilful misconduct or gross negligence, or for damage to consumers as provided for by the Italian Consumer Code, Legislative Decree 206/2005).

 

 

 

SECTION 17 – INDEMNIFICATION

 


You agree to indemnify and hold harmless Emozioni, Shopify and their respective affiliates, employees and partners from any claim, damage, liability or cost (including reasonable legal fees) arising from:

 

  1. a breach of these Terms;

  2. an infringement of third-party rights;

  3. unlawful or non-compliant use of the Services.

 

 

 

 

SECTION 18 – SEVERABILITY

 


If any provision of these Terms is held to be void, unlawful or unenforceable, that provision shall be enforced to the maximum extent permitted and its invalidity shall not affect the validity of the remaining provisions.

 

 

 

SECTION 19 – WAIVER; ENTIRE AGREEMENT

 


Failure to exercise a right or to enforce a provision shall not constitute a waiver of that right or provision.


These Terms, together with the policies referred to herein, constitute the entire agreement between you and Emozioni regarding the use of the Services and supersede any prior understandings, whether oral or written.

 

 

 

SECTION 20 – ASSIGNMENT

 


You may not assign or transfer to third parties the rights and obligations arising from these Terms without our written consent. Emozioni may assign or transfer this agreement, in whole or in part, without your consent.

 

 

 

SECTION 21 – GOVERNING LAW AND JURISDICTION

 


These Terms and any disputes relating to the Services are governed by Italian law.


Any dispute concerning the interpretation or performance of the Terms shall fall within the exclusive jurisdiction of the courts of the place where the consumer resides or is domiciled; if you purchase as a professional/business, the courts of Turin shall have exclusive jurisdiction, unless otherwise mandatorily provided by law.

 

 

 

SECTION 22 – HEADINGS

 


Section headings are for descriptive purposes only and in no way limit the content of the relevant clauses.

 

 

 

SECTION 23 – CHANGES TO THE TERMS OF SERVICE

 


The current version of the Terms is always available on this page.

We reserve the right to change the Terms at any time. Changes will take effect from the date of publication on the website or from any other date stated in the notice.


Continued use of the Services after such changes constitutes acceptance of the new Terms.

 

 

 

SECTION 24 – CONTACT DETAILS

 


For questions about these Terms of Service, you can contact us using the following details:


Emozioni Fiori Torino

Email: info@emozionifioritorino.it

Shop address: Via Giambattista Pergolesi 9/A, 10154 Torino (TO), Italia

Phone: +39 340 470 9209

VAT number: 12695110010

 

Section 25 - Right of withdrawal

For online purchases by consumers, the right of withdrawal provided for by Articles 52–59 of the Italian Consumer Code (Legislative Decree 206/2005, implementing Directive 2011/83/EU) applies. Consumers may withdraw from the contract within 14 days of delivery of the goods, without giving any reason, for products not excluded by law.

Under Article 59 of the Italian Consumer Code, perishable products – fresh flowers, bouquets, live plants and fresh flower wreaths (letter (d)) – and products made to measure or personalised to the customer's specifications (letter (c)) are excluded from the right of withdrawal. This exclusion is clearly communicated before purchase, on the product page and in the Refund Policy.

The procedure for exercising the right of withdrawal, the time limits for returns and refunds and the model withdrawal form (Annex I, Part B, of the Italian Consumer Code) are set out in our Refund Policy. The trader is Emozioni Fiori Torino (Via Giambattista Pergolesi 9/A, 10154 Torino – info@emozionifioritorino.it), to whom the consumer may address the withdrawal statement.