Terms of service
Terms of Service
These terms apply to every order placed on www.emiliomoretti.com (the "Site"). The Site is operated by Nexus E-Com B.V. (trading as Emilio Moretti), a private limited company registered in Rotterdam, the Netherlands, with the Dutch Chamber of Commerce (KVK) under number 42107724, VAT number NL869767513B01, e-mail info@emiliomoretti.com ("we", "us"). Our postal address is listed on the contact information page. We work by e-mail only; there is no telephone support. By placing an order you accept these terms. Nothing in them limits the rights you have as a consumer under the law of the country in which you live.
1. Ordering and contract
Product presentations on the Site are an invitation to order. When you place an order you make an offer to purchase. The automatic e-mail you receive at checkout acknowledges your order; the contract is concluded when we confirm acceptance, and at the latest when we dispatch your order. We may decline or cancel an order — for example where a product is unavailable, where payment cannot be verified, where a pricing or description error has occurred, or where we are unable to deliver to the destination — in which case any amount already paid will be refunded in full.
2. Prices and payment
All prices are in euro (EUR) and include VAT where applicable. Shipping costs are shown separately at checkout before you confirm your order. All import duties and taxes are included in the price, as set out in our Shipping Policy. Payment is taken at the time of ordering through the payment methods offered at checkout. Obvious errors in pricing may be corrected; if the correct price is higher than the price shown, we will contact you and you may cancel the order without cost.
3. Made to order, made to measure and personalisation
Our jackets are hand-cut and hand-finished, to order, in our ateliers in Florence and Istanbul. Making and delivery times shown on the Site are indicative.
Made-to-measure and personalised pieces are made to your specifications. Under Article 16(c) of Directive 2011/83/EU, as implemented in Dutch law, the 14-day right of withdrawal does not apply to goods made to a consumer's specifications or clearly personalised. Once cutting has begun, such pieces therefore cannot be cancelled, returned or exchanged unless they are faulty.
Acknowledgement before purchase. Because this exception only applies where you have been informed of it before you are bound by the contract, a made-to-measure order cannot be completed until you have expressly confirmed, at checkout, that you understand the piece is cut to your measurements and cannot be returned. Your confirmation is recorded with the order. Nothing in this section affects your rights if the piece is faulty or not as described (section 6).
4. Delivery
We ship to the destinations offered at checkout, as described in our Shipping Policy, which forms part of these terms. Delivery times are estimates. Unless we agree a later date with you (for example for made-to-measure pieces), we will deliver no later than 30 days after your order; if we fail to do so, you may set us a further reasonable period and, if we still do not deliver, cancel the order and receive a full refund. Risk in the goods passes to you when you, or a person designated by you, take physical possession of them. Please inspect your parcel on arrival and let us know as soon as reasonably possible if it is damaged; this does not affect your statutory rights.
5. Cancellation, right of withdrawal, returns and refunds
You may withdraw from the contract within 14 days of receiving the goods, wherever you live, and you may cancel a standard order at any time before dispatch, subject to the exceptions for goods made to specification or personalised. The procedure, conditions and exceptions are set out in our Refund Policy, which forms part of these terms.
6. Conformity and guarantees
We deliver goods that conform to the contract. If a jacket does not conform to the contract, you are entitled to the remedies provided by law: free repair or replacement and, if that is impossible, disproportionate, not carried out within a reasonable time or without significant inconvenience, or unsuccessful, a price reduction or a refund. In the European Union the legal guarantee of conformity lasts at least two years from delivery; under Dutch law, which governs these terms, it lasts for as long as you may reasonably expect a jacket of this quality and price to remain free of defects, which is longer than two years. Nothing in these terms limits those rights. In addition, every Emilio Moretti jacket comes with our lifetime repair guarantee, whose terms are set out on our Lifetime Repairs page. Natural variations in grain and colour, and the patina leather develops with wear, are characteristics of the material and not defects.
7. Intellectual property
All content on the Site — designs, photographs, films, texts, and the Emilio Moretti name and marks — belongs to us or our licensors and may not be reproduced or used without our written permission.
8. Liability
Our liability towards you is governed by Dutch law. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, or for any liability that cannot be excluded or limited by law. If you order as a business, our liability is limited to the amount paid for the order and excludes indirect or consequential loss.
9. Privacy
We process personal data as described in our Privacy Policy.
10. Governing law, complaints and disputes
These terms are governed by Dutch law. If you are a consumer, you also enjoy the protection of the mandatory provisions of the law of the country in which you live. If you are a consumer, you may bring proceedings against us either before the competent court in the Netherlands or before the courts of the country in which you live; we may only bring proceedings against you before the courts of the country in which you live. We would always rather resolve any concern directly — please write to us first at info@emiliomoretti.com; we answer complaints within 14 days of receiving them.
11. Changes to these terms
We may update these terms from time to time. The version in force when you place your order applies to that order.