在您購買Emma商品前，麻煩請仔細閱讀服務條款急規定，同意以下公告內容後再進行購買。此條款說明了Emma Matratzen GmbH，Wilhelm-Leuschner-Straße 78，60329 Frankfurt a.M.（賣方）收集和使用個人數據的原因，項目，和目的。以下條款適用於賣方(Emma)與買方(消費者)之間簽訂的所有訂單合約，並承認訂單。
1.1 當我們向您提供產品時，這些是適用的條款和條件。合約與 Emma Matratzen GmbH, Wilhelm-Leuschner-Straße 78, 60329 Frankfurt am Main 成立於德國，商業登記號碼：Amtsgericht Frankfurt HRA 103278（以下簡稱 "我們"）簽訂。
1.2 這些條款和條件適用於您作為消費者通過我們的網上商店（https://www.emma-sleep.com.tw）下單。 "消費者" 指完全或主要在個人的貿易、商業、手藝或專業之外目的下行事的人。如果您通過我們的網上商店下單並非作為消費者，這些條款和條件在某些方面可能會有所變化。如果有這樣的變化，這在這些條款和條件中會有所說明。
3.1 價格包含了增值稅 (如適用)。您在下單時看到的價格是最終價格，它們包括了所有價格成分及相關稅項。僅在跨境運輸時，買家可能需要向負責海關及稅務機構支付額外的稅項和/或關稅。
8.1 這些條款反映了Emma Matratzen GmbH對台灣客戶提供的信譽保證。此信譽保證確保了100天的退貨期，且退貨運費由我們支付。
8.2 如欲行使信譽保證下的取消權，您必須透過郵寄或電子郵件等方式向我們Emma Matratzen GmbH的Frankfurt am Main分公司（地址：Wilhelm-Leuschner-Straße 78, 60329 Frankfurt am Main）提出清晰的解釋闡明您決定在信譽保證下取消此合約。您也可以使用8.7款的範本撤銷表格。為了享有信譽保證，必須在100天信譽保證期限屆滿前發送通知以行使取消權。
10.1 如果您按照退貨保證結束此合約，我們將從我們原先向您發送產品的地址免費收回床墊。請發送電子郵件至 [email protected]，以安排收取。
13.1 我們對由我們造成的可預見損失和損害負責。如果我們未能遵守這些條款，我們對您遭受的因我們違反本條款(: 合約)或未能合理謹慎使用所產生的損失或損害負責，但我們不對不可預見的損失或損害負責。只有當損失或損害是明顯會發生，或在合約締結時我們和您都知道可能會發生時，損失或損害才是可預見的，例如，如果您在銷售過程中與我們討論了這個問題。
17.8 對於Emma床墊的核心材料的尺寸穩定性和耐久性，我們提供10年保固。此保固自在台灣，歐盟和瑞士收到Emma床墊之日起開始生效，並通過將貨物退回Emma Matratzen GmbH，Wilhelm-Leuschner-Straße 78，60329 Frankfurt或由我們的第三方取回貨物後退回Emma Matratzen GmbH。 法定撤銷和保固權利不變。為確保順利處理保固索賠，請客戶提供受影響產品和床板合適的照片。此保固包括以下情況：
17.9 對於Emma 床架的耐久性，我們提供2年保固。此保固在台灣且收到Emma床架之日起開始生效。 若您認爲此產品在保固年限期間有產品上的瑕疵，請您透過[email protected]聯絡Emma 台灣客服。請您提供相關圖片/購買證明/其他相關資訊，若我們判斷您的產品出現的問題含在保固範圍内，我們會透過更換產品/維修產品或是退還您購買時價格的方式處理。請注意，保固並不包含正常使用情況下的折舊，個人原因造成不當損害或刻意損害。另外，保固僅適用於原購買者，且會根據產品情況判斷合理的處理方式。
17.10 對於Emma 床墊、床架之外的產品（記憶枕、床墊保護套、竹纖維被、棉被）不提供保固，僅適用網路購買7天鑒賞期，若您在產品拆封時發現有瑕疵，請您在產品簽收的7天（含假日）内告知客服。
1.1 These are the terms and conditions which apply when we supply product(s) to you. The contract is with Emma Matratzen GmbH, Wilhelm-Leuschner-Straße 78, 60329 Frankfurt am Main, established in Germany with commercial register entry: Amtsgericht Frankfurt HRA 103278 (hereafter referred to as "us").
1.2 These terms and conditions apply to all orders placed via our Internet shop (https://www.emma-sleep.com.tw) by you acting as a consumer "Consumer" means a person acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. Where you place an order via our Internet shop and are not acting as a consumer these terms and conditions may vary in certain respects. Where there is such a variation this is indicated in these terms and conditions.
1.3 You should read these terms and conditions carefully before submitting an order to us. These terms tell you how we will provide product(s), how you or us may change or end the contract and what to do if there is a problem with your order, and other important information.
2.1 Our offer of goods on the Internet constitutes an invitation to treat (an advertisement) this means it is not a binding offer to sell. You may submit your offer to buy via our order system integrated into our online shop.
2.2 When purchasing goods via the online shop, the goods you intend to purchase are placed in the virtual “shopping cart”. You can view and access your virtual “shopping cart” at any time and on each page of the website and can make changes to your existing “shopping cart.” Once you have decided to purchase the product(s) in your shopping cart you can enter your personal details, select the method of payment and select the shipping conditions. Prior to purchase you are afforded the opportunity to check, change, or cancel the purchase in its entirety. By clicking the “Buy now” button you will have offered to buy the product(s) from us.
2.3 You may return to the Internet site before placing your order by clicking on the “back” button found in the Internet browser, after checking your information and/or close the internet browser to cancel the order process.
2.4 Our acceptance of your order will take place when we email you to accept your order. At this point a contract will come into existence between you and us.
2.5 If we are unable to accept your offer, we will inform you of this and will not charge you for the product(s). We may not be able to accept your order because the product(s) is out of stock, because of unexpected limits in our resources which could not be reasonably planned for, because we have identified an error in the price or description of the product(s), or because we are unable to meet a delivery deadline which you have specified. If you would like to place larger order as a company, please check the availability beforehand.
2.6 It is always possible that, despite our best efforts, some of the product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product(s)’s correct price at your order date is less that our stated price at your order date, we will charge the lower amount. If the product(s)’s correct price at your date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
3.1 Prices include VAT (if applicable). The prices stated on the order page when you placed your order are the final prices. They include all price components including all applicable taxes. Only in the case of cross-border delivery can additional taxes and/or duties (e.g. duties) be required by the buyer for payment, to the responsible customs and tax authorities.
3.2 Bundle deals cannot be combined with other discounts.
3.3 You bear no responsibility for the shipping costs.
4.1 We will deliver the product(s) to you within 40 days after the day on which we accept your order, unless other specifications.
4.2 We are not responsible for delays outside of our control. If the supply of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product(s)s you have paid for but not received.
4.3 In case of the non-availability of goods a possible advance payment will be refunded without delay.
4.4 The product(s) will be your responsibility from the time we deliver the product(s) to the delivery address provided to us.
4.5 If you are not at the delivery address or if no one is available to take delivery we will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot. We work with external logistic partners for product delivery, and take no responsibility for delays or other issues from their behalf. We try our best to assist you in the delivery process.
4.6 If you do not collect the product(s) from us as arranged, or if, after failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection we may end the contract and claim for any loss caused by your refusal to take delivery. If you are in default of acceptance, we reserve the right to sell the goods to a third party or to hold you liable for any loss.
Unfortunately we do not accept orders from or deliver to addresses outside of Taiwan.
Product(s) may vary slightly from their pictures. The images of the product(s) on our website are for illustrative purposes only.
7.1 We retain ownership of the purchased item until the invoice has been paid in full by you.
7.2 If you are in arrears for any payment obligations, all outstanding sums are immediately due.
8.1 These terms reflect the goodwill guarantee offered by Emma Matratzen GmbH of Frankfurt am Main to its TW customers. This goodwill guarantee assures a 100 day possible return period, and that We pay the return costs.
8.2 To exercise the right of cancellation under our goodwill guarantee, you must contact us, Emma Matratzen GmbH, Wilhelm-Leuschner-Straße 78, 60329 Frankfurt am Main, with a clear explanation (for example, by Mail or e-mail) about your decision to cancel this contract under the goodwill guarantee. You can also use the sample revocation form at Clause 8.7. In order to benefit from the goodwill guarantee, it is necessary for you to send the notification of the exercise of the right of cancellation before the end of the 100 day goodwill guarantee period.
8.3 If you cancel this contract in accordance with the goodwill guarantee we will pick up the mattress from the same address we delivered it to for free. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
8.4 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in value of the product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. To clarify, this only applies when you carelessly damage the product not for using it appropriately and for its purpose. Damages by external factors (e.g. damages during delivery) will not reduce the refund price for you.
8.5 Please refer to https://www.emma-sleep.com.tw/en/100-night-trial/ for the most updated terms and conditions of 100 night trial period.
9.1 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions.
9.2 If you wish to exercise your legal rights to reject products you must either return them to us (or allow us to collect them from you). We will pay the costs of postage or collection.
10.1 If you end this contract in accordance with the goodwill guarantee we will pick up the mattress from the same address we delivered it to for free. Please send email to us at [email protected] to arrange collection.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product(s)s.
13.3 We are not liable for business losses. We only supply the product(s)s for domestic and private use. If you use the product(s)s for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
III. Clauses 16 to 18 are Supplementary terms which will apply if you are not a consumer
The risk of accidental loss and accidental deterioration of the purchased goods shall be transferred to you where you are not a consumer as soon as we have handed the goods to the freight forwarder, freight carrier or other person or institution who is otherwise responsible for the shipment.
17.1 The warranty period differs from each product, please refer to clause 17.8 to 17.10. This does not apply to damages resulting from injury to life, body or health, which is attributable to the seller and not to gross negligence or willful deliberate damage or misrepresentation by us.
17.2 Only our details and the product(s) description of the product(s) are deemed as agreed upon; but not other advertising, public promises and statements by us.
17.3 If you are not a consumer, you are obliged to examine the goods immediately and perform due diligence on quality and quantity deviations and to notify obvious defects within 7 days from receipt of the goods to us in writing. The same applies to any defects you find later.
17.4 The warranty provided under this clause will not apply where you are not acting as a consumer and have not examined the product(s) and notified us of any defects.
17.5 We will fulfill the warranty in the case of defective goods at our option by repair or replacement delivery. If we fail to rectify the fault two times, you may demand a reduction or withdraw from the contract.
17.6 In the case of subsequent improvement, the buyer shall bear the increased costs resulting from the fact that the goods have been transported to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
17.7 Please refer tp https://www.emma-sleep.com.tw/en/10-year-guarantee/ for the details and conditions of warranty service.
17.8 On the Emma mattress we give a 10-year guarantee on the dimensional stability and durability of the core materials. This warranty is valid from receipt of the Emma mattress, within TW , the EU, and Switzerland, and is returned to Emma Matratzen GmbH by returning the goods to Emma Matratzen GmbH, Wilhelm-Leuschner-Straße 78, 60329 Frankfurt, or after picking up the goods by our third-party. The legal revocation and warranty rights remain unchanged. In order to ensure a smooth handling of the guarantee claim, the customer is asked to provide appropriate photo material of the affected product(s) and slat grate. This warranty is: • Cracks, dings or damage to the foam, which have arisen despite proper use and proper handling. • In case of product(s)ion damage at the zipper. This warranty does not apply: • For personal comfort preferences • In the case of damage caused, inter alia, but not exclusively by cuts, burns, cracks, liquids or stains. • Replacement of any non-damaged parts of the Emma mattress. • Any Emma mattress not supplied by an official dealer. • Any mattress that has not been sold as a new product(s).
17.9 We warrant that Emma Bed will be free from defects in materials and workmanship for 2 years. If you believe that your product is defective, you must contact us at [email protected] to initiate a warranty claim. To make a claim, you need to provide proof of purchase and other information about the defect. If we determine that your product is covered by our warranty, we will repair or replace it, at our discretion. Please note that the warranty does not cover normal wear and tear, misuse, or damage caused by improper care or maintenance. Also, the warranty only applies to the original purchaser of the product and may be subject to certain limitations and exclusions.
17.10 For products other than Emma mattresses and bed frames (such as memory foam pillows, mattress protectors, bamboo fiber blankets, and cotton blankets), no warranty is provided. Only a 7-day appreciation period is applicable for online purchases. If you find any defects when unpacking the product, please inform customer service within 7 days (including holidays) after receiving the product.
18.1 We retain ownership of the goods where you are not a consumer until the complete settlement of all claims arising from the current business relationship. The corresponding Security rights are transferable to third parties. Prior to the transfer of ownership of the reserved goods, the buyer is not entitled to pledge the goods or to surrender them for security.
18.2 Where you are not acting as a consumer you are entitled to resell the goods in the ordinary course of business. In this case, the purchaser shall already assign all claims arising from the resale to the seller in the amount of the invoice amount. The seller accepts the amount assignment. The purchaser is also authorized to collect the debt. The seller reserves the right to collect the claim itself if the buyer does not properly fulfill his payment obligations. (3) In case of connection and mixing of the reserved goods, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing. (4) The seller undertakes releasing the collateral which is due to him at the buyer's request insofar as the value of the collateral exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.
In order to be eligible for the Refer-A-Friend program, you have to be an Emma customer and have an Emma customer account. To refer a friend, go to your customer account, click on the “My referred friends“ tab and share your personal discount code on personal social media account. It is forbidden to made the code public on the internet or appears on any search engine. We reserve the right to cancel the eligibility of participation and rebate should a violation of rule is observed. The voucher code is only valid on purchases made on www.emma-sleep.com.tw The minimum spend is NT$11,000 . The voucher code can be used on the entire Emma range and in conjunction with other offers and promotions. You are entitled to the NT$1500 cash reward if the referred friend keeps their Emma products beyond their 100-night trial period. To receive the NT$1500 cash reward, contact our customer service team by sending an email to [email protected]. Restrictions might apply.
We reserve the right to invalidate the voucher if it is made public on the internet or appears on any search engine. In this case the referrer also loses their claim to the NTD $1500 cash reward. Starting from 31st August, the number of cash reward pay-outs is limited to three. The voucher code becomes invalid if the referrer’s order is cancelled and the claim to the NT$ 1500 cash reward is lost. The claim to the cash reward is also lost if the order is returned. The referrer and the referred cannot be the same person. People living in the same household or immediate family members cannot be referred. Customers are prohibited from using fake or multiple email addresses or customer accounts and cannot use fictious identities to take part in the Refer-A-Friend program. We reserve the right to exclude customers from participating in this promotion, if they do not meet the necessary requirements or violate the rules in any other way. We also reserve the right to cancel the Refer-A-Friend program without further notice. Customer purchase on emma-sleep.com.tw are eligible for the program. Customers purchase with retailers or with others are not eligible for the program. For further questions about the Refer-A-Friend program please contact our customer service by sending an email to [email protected]
Our customer service for questions, and complaints is available from 4 pm to 9 pm on weekdays. E-Mail: [email protected]
22.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.