Terms of Use, Privacy Policy and Cookies

These General Conditions of Sale apply to all purchases of products and services offered by the site www.emotionalthemes.com.

It will not be possible to execute any order without prior acceptance of these general terms and conditions.

The General Conditions of Sale can be changed at any time. Any changes and/or new conditions will be effective from the moment of their publication in the “Terms of Use, Privacy Policy, and Cookies” of the Site. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1. SCOPE OF APPLICATION AND CONCLUSION OF THE CONTRACT

1.1 These General Conditions of Sale govern the offer and sale through the Website of the products and/or services specifically indicated on the Site as “sold and downloaded” from www.emotionalthemes.com.

1.2 The sale of Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.

1.3 The applicable Sales Conditions are those in force on the date of transmission of the purchase order for a Product.

1.4 Before proceeding with the purchase of Products through the Website, the user is required to read carefully these General Conditions of Sale, which Emotional Themes makes available to them in the “terms and conditions” section of the Website.

1.5 These Terms of Sale do not regulate the sale of products by parties other than Emotional Themes that are present on the Site through links, banners or other hypertext links. Before making commercial transactions with such subjects it is necessary to check their conditions of sale. Emotional Themes is not responsible for the provision of services and/or for the sale of products by such subjects. Emotional Themes does not carry out any checks and/or monitoring on the websites available through these links and is not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of the law by the same.

1.6 Emotional Themes has the right to decide on the cancellation of its products and services when the product/service itself becomes obsolete.

2. PURCHASES ON THE SITE

2.1 The purchase of the Products through the Website can only take place upon registration on the Website in the manner set out in art. 3 that follows and is allowed both to users who are of the quality of consumers and to users who do not have this quality. To natural persons, the purchase is allowed only on condition that they have completed 18 years.

2.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that the consumer is a natural person acting for purposes unrelated to the business, commercial, craft or professional activity carried out.

2.3 In the case of orders that are anomalous in relation to the quantity or frequency of products purchased, Emotional Themes reserves the right to take all actions necessary to stop irregularities, including the suspension of access to the Site, the cancellation of registration to the Site and the cancellation of irregular orders.

2.4 Emotional Themes reserves the right to refuse or cancel orders that come (i) from a user with whom it has a legal dispute in progress; (ii) by a user who has previously infringed these GCS and / or the terms and / or terms of the purchase contract with Emotional Themes; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or inaccurate identification data.

3. REGISTRATION TO THE SITE

3.1 Registration on the Site is free. To register on the Site, the user must complete the appropriate form, providing their e-mail address. The password and username will be self-generated and received in the e-mail corresponding to the one entered for registration.
In the event that registration takes place during the purchase process, the following personal data will be required: Name, Surname, e-mail, Country and Address of residence. If in possession of an activity the optional insertion of the name of the Company and of the VAT is also required.

Registration with the Site allows the user to carry out the following activities through a personal and reserved area:
– consult your order history;
– download the digital products purchased;
– manage personal data and modify them at any time;
– take advantage of the dedicated services that can be activated from time to time by Emotional Themes.

3.4 Registration credentials (e-mail address and password) must only be used by the user and can not be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform Emotional Themes, by contacting them to the references under art. 10 below, in the event that you suspect or become aware of improper use or undue disclosure of the same. Each user is allowed to register on the Website for one time only. It is forbidden for the same user to make multiple registrations. Should Emotional Themes detect that the same user has made multiple registrations on the Site, he reserves the right to proceed, immediately and without prior warning, to block the related Emotional Themes account.

3.5 The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to keep Emotional Themes unharmed and free from any damage, obligation to compensate and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration to the site or on the retention of registration credentials.

4. INFORMATION DIRECT TO THE CONCLUSION OF THE CONTRACT

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, Emotional Themes informs the user that:
– to conclude the contract of purchase of one or more Products on the Site, the user must complete an order form in electronic format and transmit it to Emotional Themes, electronically, following the instructions that will appear from time to time on the Site;
– the contract is concluded when the order form reaches the Emotional Themes server;
– before proceeding with the transmission of the order form, the user will be able to identify and correct any errors in entering the data by following the instructions on the Website in the various phases of the purchase;
– the order form will be filed in the Emotional Themes database for the time necessary to execute the order and, in any case, according to the law. The user will be able to access the order form and/or the related data through his personal account. (What is the legal terms? The customer has the opportunity to see their order form as long as the Emotional Themes site is working!)

5. LICENCE

All Emotional Themes WordPress themes are licensed under the GNU General Public License.
You have the right to use each purchased Emotional Themes theme on one domain only.
You are authorized to make any necessary modification(s) to Emotional Themes themes to suit your needs.

6. PRICE CHANGES

Emotional Themes reserves the right to change the prices of products and services at any time. This right also includes the periods of discounts, the release of product coupons and other formats that will result in a price change. This notice may be presented by posting the changes on the Emotional Themes website or social channels.

7. PAYMENT

All payments are handled through PayPal or Stripe for credit card payments.

All our prices include VAT, if needed. Therefore during checkout, you will be asked to provide information about your home country for the correct price calculations. After the final price and VAT amount is calculated in the checkout process you can click the Place Order to finalize your payment.

After your successful payment, you will receive an email from us including your individual download link. The invoice we’ll send you in 30days after purchase. If you don’t receive this email, please check your email spam folder. Otherwise please contact us directly at support@emotionalthemes.com.

It is important that you save the email including your download link, so you can always download the current theme version as long as your download link is valid.

8. WARRANTY (Warranty Exclusion)

Emotional Themes makes no guarantees regarding the operation of the site.
Service interruptions, when caused by preventive maintenance and not by chance and force majeure, will be communicated to the User in advance and promptly.
The information about the products and services in the catalog are provided by Emotional Themes but without guarantee of errors or omissions. The User has the duty to verify, before purchase, the compatibility of the requirements of the platforms / hosting on which he / she intends to use them.

9. LIMITATION OF LIABILITY

Emotional Themes can not be held responsible for damages of any kind resulting from the use of the site and the products sold therein, including direct, indirect, incidental and consequential damages.

10. SUPPORT POLICY

The Emotional Themes support team will be eager to help you with questions or problems regarding:
– Theme settings and features;
– Updates of the WordPress platform and updates of our products and services;
– General bug fixes;
– Questions related to our documentation;
– Questions about products and services functionalities.

The Emotional Themes support team is not able to help with questions or problems regarding:
– Issues caused by user modifications of the theme code or functionalities;
– Third party plugins issues;
– Theme modifications and customizations that require new code;

The support service tries to answer to the customer requests before 1-2 working days (Mon-Fri). Requests that will require more than 1-2 working days, will be notified to the customer.

We would also kindly ask our customers to avoid disrespectful or abusive behaviors such as:
– sending multiple unjustified requests without consulting our documentation and FAQ sections of the Emotional Themes website;
– adopting blasphemous or politically incorrect language.
– Emotional Themes reserves the right to suspend any form of support in front of unacceptable or improper behavior.

The above terms will be valid only regarding requests that will be sent directly via email at the official support email support@emotionalthemes.com. The Emotional Themes support team cannot guarantee any of the above terms for the external channels, such as social platforms and online marketplaces.

11. REFUND POLICY

Since Emotional Themes provides non-tangible and irrevocable products, we do not issue refunds once the order is completed and the product is delivered. Pursuant to art. 55 of the d. Decree 206/2005 “Consumer Code” the right of withdrawal can not be exercised because the theme, once downloaded, is no longer by its nature repayable. As a customer, you are responsible for the decision to purchase any product as it is presented on our website.

Please note that we do not carry any responsibility and therefore we can not meet the refund / exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc.) other than those that are specified as compatible in the description available on the preview page of each product. We do not guarantee that our products are fully compatible with all third-party programs.

12. SERVICE POLICY

By purchasing one of the Emotional Themes services, you agree to the following terms as outlined below.

When the timeframe for the completion of the service is provided in the description as 24 hours, it means one business day (Monday – Friday) after successfully receiving the necessary information from the client.
Services are not performed on weekends and holidays.

Requirements for the installation services:
– Your site must be self-hosted, meaning you must have both a domain and hosting purchased from a hosting company. Our themes are designed to work on hosted installations of WordPress.org only, not with WordPress.com sites.
– The website must be new, with no pre-existing content. For those with existing websites, you’ll need to check the Migration Package.
– The theme is not included in the Theme Installation packages.

13. PRIVACY POLICY

Information on the processing of personal data pursuant to art. 13 Legislative Decree 30 June 2003 n. 196 (“Privacy Code”)

13.1. NATURE OF DATA PROCESSED AND PURPOSE OF THE TREATMENT
In order to allow you to register on the site www.emotionalthemes.com  and to purchase the products for sale on the same, Emotional Themes as the data controller, must be able to process your personal data.
Upon registration to the site, the user’s first name, surname and e-mail address will be requested. The password and the user will be created automatically and at the first access the user can change them as he wishes.
If the user makes a purchase on the site www.emotionalthemes.com, the country of residence will be required to calculate the VAT of the country.
If the user is in possession of VAT number will also be required: VAT number – company name – address, in order to receive the invoice.
If the user makes a purchase of a service on the site www.emotionalthemes.com, according to the need will be asked the following data:
– URL of the client’s site
– WP admin
– WP password
– FTP information
– User and password of Cpanel

Users’ sensitive or judicial data are not subject to processing. The user’s personal data will be used exclusively for purposes related to and strictly functional to the registration on the site www.emotionalthemes.com and to the conclusion of on-line sale and purchase contracts relating to the products and services offered for sale on the site itself. For these purposes, the processing of personal data listed above is mandatory and does not require the prior consent of the interested party, as it is necessary to fulfill the obligations arising from online purchase made by the user. Any refusal by the user to provide the data in question will result in the impossibility of concluding the online purchase agreement.

13.2. COMMERCIAL COMMUNICATIONS
With the consent of the interested party, www.emotionalthemes.com may use the e-mail address provided by the user at the time of registration to send periodic commercial information about the services or products offered by the same. The user may at any time oppose such sending by selecting the link present in any advertising communication or he may write to
emotionalthemes@gmail.com the non-consent of the interested party, in this case, it will not have any consequence on the fulfillment of the obligations deriving from the on-line purchase, if any, made by the interested party or on the possibility of making purchases on the website www.emotionalthemes.com.

13.3. METHOD OF TREATMENT
The data are collected electronically, directly at the user and processed through registration, consultation, communication, storage, cancellation, carried out with the help of electronic tools, ensuring the use of appropriate measures for data security treated and ensuring the confidentiality of the same. The user data, stored in electronic form, is stored and stored. In particular, Emotional Themes declares that the data recorded on the server are protected against the risk of intrusion and unauthorized access and that they have also adopted appropriate security measures to guarantee the integrity and availability of data as well as the protection of the areas and of the rooms relevant for their safekeeping and accessibility.

13.4. DATA COMMUNICATION
For the purposes referred to in paragraph 1. the personal data of the user will be processed by collaborators, including external ones, of Emotional Themes as persons in charge of data processing or data processors.
Emotional Themes may communicate the user’s data to specific subjects, appointed by the owner of the supply of services that are necessary or necessary for the execution of the obligations connected to the registration and purchase on the website www.emotionalthemes.com, within the limits and in compliance with the instructions given, the companies responsible for managing payments.
The user’s personal data will be communicated to the Emotional Themes team, which takes care of the management and control of the information system of www.emotionalthemes.com.

13.5. RIGHTS OF THE INTERESTED PARTY
Pursuant to Article 7 of the Privacy Code, the user has the right to obtain, at any time, confirmation of the existence of data concerning him and the purposes for which they are used.
The user also has the right to request the updating or correction, deletion or blocking of data and to object, in whole or in part, to their processing.
To exercise the above rights, as well as to receive information about the subjects to whom the data are stored or to which the data are communicated or on the subjects who, as managers or agents, may become aware of their data, the user can contact:
Emotional Themes by Digital Creative Solution srls via Vallessina, 23 – 36065 – Mussolente (VI), Italy – E-mail info@emotionalthemes.com

By purchasing one of the Emotional Themes services, you agree to the following terms as outlined below.

When the timeframe for the completion of the service is provided in the description as 24 hours, it means one business day (Monday – Friday) after successfully receiving the necessary information from the client. Services are not performed on weekends and holidays.

Requirements for the installation services:
– Your site must be self-hosted, meaning you must have both a domain and hosting purchased from a hosting company. Our themes are designed to work on hosted installations of WordPress.org only, not with WordPress.com sites.
– The website must be new, with no pre-existing content. For those with existing websites, you’ll need to check the Migration Package.
– The theme is not included in the Theme Installation packages.

14. COOKIES POLICY

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use cookies for the following purposes:

Technical cookies: are defined as those used for the sole purpose of “carrying out the transmission of a communication over an electronic communications network, or as strictly necessary for a service provider of information society service explicitly requested by the subscriber or user to provide this service” (cfr. art. 122, paragraph 1, of the Code).

They are not used for further purposes and are normally installed directly by the owner or web site manager. They can be divided in navigation cookies and session cookies, which guarantee the navigation and the use of the Website (allowing, for example, a purchase or  the authentication of reserved areas); analytics cookies, assimilate to technical cookies when used directly by the site administrator to gather aggregated information about the number of users and how they visit the Website itself; functionality cookies, which allow users the navigation of the web according to a set of selected criteria (for example, language, products selected for purchase) to optimize the browsing experience of the User.