General conditions of sale
1. Purpose and Scope
1.1. These General Conditions of Purchase (hereinafter, the "CONDITIONS") regulate the legal relationship arising from the online purchase and sale of products through the website www.aemilia-barcelona.com (hereinafter, the "WEBSITE"), and may be purchased by any user who complies with the terms established in these CONDITIONS.
1.2. These CONDITIONS will be valid indefinitely and will apply to all purchases made through the WEBSITE.
1.3. Any person purchasing through the WEBSITE (hereinafter, the "CUSTOMER") will be bound by the provisions of these CONDITIONS and should therefore not place orders if they do not agree with any of their terms. Furthermore, the provisions of the Legal Notice and Privacy Policy published therein will apply to the purchase of products through the WEBSITE.
1.4. The online purchase of products offered through this WEBSITE is available only to natural persons who are at least 18 years of age and, as consumers or users under applicable law, have the legal capacity to enter into contracts. By accepting these TERMS and CONDITIONS during the purchasing process, the CUSTOMER represents and warrants that they meet these requirements.
1.5. The CUSTOMER is solely responsible for the accuracy of all information provided through the online forms on the WEBSITE.
1.6. Orders through this WEBSITE may be placed in Spanish, Catalan, English, or French.
2. Identification of the information society service provider and seller of the products
2.1. The owner of the WEBSITE that provides the online product sales service is Émilie Simon Gaby (hereinafter, “ÆMILIA BARCELONA” or “we”), with NIE: Y7738425C, whose contact details are as follows:
– Postal address: Avinguda 304, 20, 08860 Castelldefels, Barcelona (Catalonia, Spain)
– Email address: aemilia-barcelona@protonmail.com
2.2. ÆMILIA BARCELONA reserves the right to modify these TERMS and CONDITIONS at any time, without affecting purchases made through the WEBSITE prior to the modification. It is the CUSTOMER's responsibility to review the current version of the TERMS and CONDITIONS before placing their order.
2.3. We reserve the right to deny and/or withdraw access to this WEBSITE, at any time and without prior notice, to any users who fail to comply with these TERMS.
3. Product Description, Minimum Order Quantity, and Availability
3.1. The products offered for sale on this WEBSITE are those included at any time in the "ONLINE STORE" section of the WEBSITE, according to the available description, which includes various handmade textile products for the home. As these are handmade products, they may present slight variations or imperfections compared to the images published on the WEBSITE.
3.2. Our products are sold individually or in sets.
3.3. The minimum order for the online store is €5 for all shipping. Orders collected at the AEMILIA BARCELONA collection point (Avinguda 304, 20, 08860 Castelldefels, Barcelona) have no minimum order and do not incur shipping costs.
3.4. The products are only available for shipping within Europe. However, CUSTOMERS wishing to receive an order internationally can send their request to our email address aemilia-barcelona@protonmail.com, in which case we will confirm whether shipping is possible and, if so, the shipping costs associated with its acceptance.
3.5. All product orders are subject to availability. If the product is unavailable for any reason, we will contact the CUSTOMER to inform them of this circumstance and the new delivery date, or to offer, where appropriate, the supply of an alternative product or cancellation of the order with a refund of the amount paid.
3.6. We reserve the right to withdraw any product from this WEBSITE at any time, as well as to modify and update our product catalog.
4. Purchase Procedure
4.1. To place an order on this WEBSITE, the CUSTOMER must first select the products and units of their choice in the "STORE" section. They may then click the "ADD TO CART" button for each selected product. Once they have completed their selection, they may click the "VIEW CART" button to continue the purchase process.
4.2. The CUSTOMER may then review the details of all products added to the Cart and, if applicable, modify any relevant information.
4.3. After validating their selection, the CUSTOMER must click the "CHECKOUT" button and then complete the necessary billing information. Once they have entered the desired delivery address, the total price of the order will be displayed, including any associated shipping costs. They may also make any special requests regarding delivery at this time in the "Order Notes" field.
4.4. The CUSTOMER will then select their preferred payment method from those available on the WEBSITE. They will then be asked to check the box accepting these TERMS and, finally, click the "PLACE ORDER" button.
4.5. Once the order has been placed, the CUSTOMER will receive an email confirming the purchase (hereinafter, "ORDER CONFIRMATION"). If the CUSTOMER does not receive the ORDER CONFIRMATION within 24 hours of placing the order, they must notify us via the email address aemilia-barcelona@protonmail.com.
4.6. If, after placing an order, the CUSTOMER discovers that it contains an error, they must notify us immediately via our email address aemilia-barcelona@protonmail.com. We cannot guarantee that the order will be modified according to their instructions.
4.7. Once the purchase process is complete, the CUSTOMER agrees that the WEBSITE will generate an electronic invoice, which will be sent along with the ORDER CONFIRMATION. The CUSTOMER may indicate their desire to receive a paper invoice by sending it to their postal address via our email address aemilia-barcelona@protonmail.com. Likewise, the CUSTOMER may request that their NIF (Tax Identification Number) be included on the invoice via the same means.
4.8. The electronic documents formalizing orders will be archived by ÆMILIA BARCELONA, and the CUSTOMER may access them by requesting them via our email address aemilia-barcelona@protonmail.com.
5. Delivery
5.1. Except in cases of unforeseen or extraordinary circumstances, the order will be delivered within approximately 2-10 business days from the date of payment validation and, in any case, within a maximum period of 30 calendar days from the date of the ORDER CONFIRMATION.
These periods do not include Saturdays, Sundays, and holidays; deliveries are made only Monday through Friday.
5.2. Applicable shipping costs are calculated based on the destination and the weight of the package.
5.3. In order to optimize the delivery process, the address provided by the CUSTOMER must be one where delivery can be made during normal business hours. We will not be liable for errors or damages arising from delivery if the delivery address entered by the CUSTOMER does not match the desired delivery location.
5.4. If for any reason we are unable to meet the maximum delivery deadline, we will inform the CUSTOMER of this circumstance and give them the option of continuing with the purchase, setting a new delivery date, or canceling the order with a full refund of the price paid.
5.5. If delivery of the order is impossible due to the CUSTOMER's absence, the order may be returned to the workshop. As a result of the termination of the contract, we will reimburse the CUSTOMER the difference between the price paid for the order and the reasonable expenses incurred by the failed delivery and the return of the order. The refund of this difference will be made as soon as possible and, in any case, within a maximum period of 30 calendar days from the date on which, in accordance with the provisions of this clause, the contract is deemed terminated.
5.6. For the purposes of these TERMS AND CONDITIONS, delivery or the order will be deemed to have been delivered when the CUSTOMER or a third party designated by the CUSTOMER acquires physical possession of the product ordered. This will be confirmed by signing receipt at the agreed delivery address or, in the event of the recipient's unavailability at the agreed delivery location, on the attempted delivery date indicated by the delivery service responsible for the delivery.
5.7. In the event of delivery of an order that shows visible defects in the outer packaging, the CUSTOMER must not sign the delivery note as compliant, but must file a claim immediately with the carrier by including a written reservation on the delivery note.
6. Transfer of Risk and Ownership of the Products
6.1. The risks of the products shall be borne by the CUSTOMER from the moment of delivery or, if this is not possible for reasons attributable to the CUSTOMER, from the moment they are made available to the CUSTOMER at the agreed delivery location.
6.2. The CUSTOMER shall acquire ownership of the products upon receipt of full payment of all amounts due in respect of the products, including shipping costs, or at the time of delivery if this occurs at a later date.
7. Price and Payment
7.1. The prices applicable to each product are those indicated on the WEBSITE on the date of the order, including VAT (Value Added Tax), in accordance with the provisions of the current regulations governing said tax.
7.2. Shipping costs are included in the total purchase price, as shown on the WEBSITE once the CUSTOMER indicates the delivery address. These costs may vary regularly depending on the rates applied by different carriers for each destination.
7.3. We reserve the right to change prices, but any changes will not affect orders for which we have sent an ORDER CONFIRMATION.
7.4. The CUSTOMER may pay by credit or debit card through the secure WIX Payments platform.
ÆMILIA CREATIONS will never have access to the CUSTOMER's financial information.
7.5. To enter card details, the CUSTOMER must have the right to use them, and the card or account must have sufficient funds to cover the potential payment. The CUSTOMER is responsible for ensuring that all data provided for the purpose of purchasing products is accurate.
7.6. The WEBSITE uses the secure https communication protocol and has a valid security certificate, guaranteeing the secure transmission of information through encryption.
8. Right of Withdrawal
8.1. In accordance with current regulations, the CUSTOMER who purchases our products as a consumer or user may withdraw from the order, without providing justification, within 14 calendar days from the date of delivery of the product, on which the CUSTOMER, or a third party indicated by the CUSTOMER other than the carrier, acquires physical possession of the product.
8.2. To exercise the right of withdrawal, the CUSTOMER must notify us of their decision to withdraw from the order through an unequivocal statement, which can be sent to our email address aemilia-barcelona@protonmail.com.
To comply with the withdrawal period, it is sufficient for the CUSTOMER to send their communication regarding their exercise of this right before the corresponding deadline expires.
8.3. In the event of withdrawal by the CUSTOMER, we will refund all payments received for the affected order, including delivery costs (with the exception of additional costs resulting from the CUSTOMER choosing a delivery method other than the least expensive standard delivery method we offer), without undue delay and, in any case, no later than 14 calendar days from the date on which the CUSTOMER informs us of their decision to withdraw from the contract. We will proceed with said refund using the same payment method used by the CUSTOMER for the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any case, we will not incur any costs as a result of the refund.
We may withhold the refund until we have received the product back or until the CUSTOMER has provided proof of its return, whichever condition is met first.
8.4. The CUSTOMER must return or deliver the product referred to in the withdrawal to the ÆMILIA BARCELONA postal address indicated above, without undue delay and, in any case, no later than 14 calendar days from the date on which they notify us of their decision to withdraw from the order. This deadline will be deemed met if they return the products before this deadline has expired.
The CUSTOMER must bear the direct cost of returning the products, unless we indicate that they can be returned to a collection point.
The CUSTOMER will only be liable for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the products. The products subject to withdrawal must not have been used by the CUSTOMER, must be in perfect condition, and must be returned with their original packaging and labels.
9. Return of Defective Products
9.1. In cases where the CUSTOMER believes that, at the time of delivery, the product does not conform to the terms of the order, they must contact us immediately using our contact addresses, indicating the identification details of the order and the ORDER CONFIRMATION to which it refers, providing photographs of the product, and specifying the defect or flaw it presents.
Once we receive your communication, we will contact the CUSTOMER as soon as possible to provide them with a return label.
9.2. After collecting the product, we will examine it carefully and will notify you by email as soon as possible whether your claim for lack of conformity of the product is appropriate. In this case, we will proceed, at our expense, to repair or replace the product within a reasonable time. The CUSTOMER may choose between repair or replacement, unless one of these options is objectively impossible or disproportionate in accordance with current consumer protection regulations.
9.3. When, pursuant to the aforementioned regulations, the CUSTOMER cannot demand repair or replacement, and in cases where these have not been carried out within a reasonable period of time, the CUSTOMER may choose between terminating the contract or reducing the price, in accordance with the criteria established in said regulations.
9.4. In the event of termination of the contract, the amounts paid for products returned due to a defect or flaw will be fully refunded, including the delivery costs incurred to deliver the product with the defect or flaw. The refund will be made using the same payment method used to pay for the purchase.
10. Legal Warranty and Liability
10.1 If the CUSTOMER contracts as a consumer and user, we will be liable for any non-conformity of the products that becomes apparent within three months of delivery. The CUSTOMER must inform us of any non-conformity within two months of becoming aware of it.
10.2 Unless otherwise provided by law, our liability in relation to any product purchased on this WEBSITE will be strictly limited to the amounts paid for its purchase.
11. Complaint Management
11.1. The CUSTOMER may send us their complaints or claims through our email address aemilia-barcelona@protonmail.com. We will endeavor to respond as quickly as possible.
11.2. We also inform you that, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, the CUSTOMER has the right to request out-of-court resolution of consumer disputes. This method can be accessed through the website: https://ec.europa.eu/consumers/odr/.
12. Personal Data Protection
ÆMILIA BARCELONA, as the data controller, will process the data provided by the CUSTOMER during the online product purchase process for the purpose of managing the administrative and financial aspects of said purchase, including invoicing, collection, and related operations. You can find more information on the processing of personal data in our privacy policy.
13. Applicable Law and Jurisdiction
13.1. The relationship between ÆMILIA BARCELONA and the CUSTOMER arising from the placement of orders through this WEBSITE shall be governed by Spanish law. The foregoing shall not deprive the CUSTOMER, who is not a resident of Spanish territory and who is a consumer, of the greater protection conferred by the mandatory provisions of their country of habitual residence.
13.2. The parties submit, at their discretion, to the competent Courts and Tribunals of the CUSTOMER's domicile for the resolution of disputes, waiving any other jurisdiction.
Likewise, consumers may submit their claims through the online dispute resolution platform created by Regulation (EU) 524/2013, available at the following link: https://ec.europa.eu/consumers/odr/.
Last updated: 03/20/2025.