Terms and Conditions

 

TERMS AND CONDITIONS

 

 

General terms and conditions of sale

 

Index

 

1. Definitions

2. Subject

3. Conclusion of Sale and Purchase Agreements

4. Product availability

5. Price and shipping costs

6. Placing Orders

7. Payment methods

8. Shipping and delivery of Products

9. Right of withdrawal

10. Product faults/defects

11. Product Liability

12. Privacy

13. Errors and/or inaccuracies in the Online Shop

14. Intellectual Property

15. Applicable Law

16. To contact us

 

1.              Definitions

 

The terms and phrases listed below are defined below.  (Definitions in the singular also apply in the plural and vice versa.)

● Customer: any natural or legal person buying one or more Products through the Online Shop and thus accepting the General Conditions. 

● Enervit S.p.A.: the company Enervit S.p.A. with a registered office at Viale Achille Papa 30, Milan, Italy.

● Parties: Enervit S.p.A. and the Customer.

● General Conditions: these general conditions of sale and any new versions of them that Enervit S.p.A. may publish in the Online Shop.

● Online Shop: the virtual shop, managed by Enervit S.p.A., and accessible through the URL www.enervit.com, through which it is possible to purchase Products.

● Purchase Agreements: the sale and purchase agreements of the Products entered into, as stated in clause 3, between Enervit S.p.A. and the Customer through the Online Shop.

● Orders: Product purchase orders sent by the Customer in compliance with the General Conditions and following the procedure under clause 6.

● Order Confirmation: the e-mail message through which Enervit S.p.A. informs Customers that the order has been accepted.

● Price: the sale price of the Products – as indicated in the Online Shop – with reference to the Products.

● Products: the products in the Online Shop for sale.

● Account: the area of the Online Shop where Customers can, following authentication: (i) view and modify their personal data and the addresses where the ordered Products are to be shipped; (ii) view previous Orders; (iii) update their privacy preferences; (iiii) access any other specific function related to their activity in the Online Shop.

- Guest User: a user who accesses the Online Shop area without prior registration and authentication only for the purpose of proceeding with a single purchase order. (i) In this case, the user's personal data and the addresses where the ordered Products are to be shipped shall not be saved; (ii) the user shall not be entitled to view past Orders and/or access any other specific function related to his/her/their activity in the Online Shop.

 

2.              Subject

 

2.1 These General Conditions govern all the Sale and Purchase Agreements and form an integral part thereof.

2.2 Enervit S.p.A. reserves the right to modify the General Conditions at any time, understanding that the General Conditions published in the Online Shop at the time Orders are placed by the Customer shall be deemed applicable to the Sale and Purchase Agreements.

2.3 In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the Online Shop, the terms and conditions that are more favourable to the Customer shall apply.

 

3. Conclusion of Sale and Purchase Agreements

 

3.1 Enervit S.p.A. undertakes to send the Order Confirmation to the Customer within 2 working days of receiving the Customer’s Order.

3.2 Sale and Purchase Agreements are concluded between the Parties upon receiving the Order Confirmation by the Customer. If the Customer doesn’t receive the Order Confirmation within the term stated in clause 3.1, the relevant Order shall be deemed declined by Enervit S.p.A. and thus have no effect.

3.3 By placing an Order, the Customer declares: to have read all the instructions on how to purchase Products stated in clause 6; to have fully accepted the General Conditions; and to have read all additional information contained in the Online Shop, including information referenced via links.

3.4 Orders will be stored in the Online Shop database in accordance with the procedures and in compliance with the provisions of the privacy law in force at the time. Orders will be accessible by contacting Enervit S.p.A. through the contact details specified in clause 16 and will also be accessible through the customer’s profile.

 

 

4.         Product Availability

 

4.1 Without prejudice to the provisions of clause 4.3, Enervit S.p.A. states, with reference to each Product published to the Online Shop, whether the Product:

(i) is available in its warehouses

(ii) is not available in its warehouses

4.2 The type of Products published to the Online Shop and their availability may vary at any time without any liability for Enervit S.p.A. toward the Customer.

4.3 If a Product shown as available when the Customer placed an Order later becomes unavailable, then further to Clause 3.2, Enervit S.p.A. must either refund the Customer for the unavailable Product or email them with an estimate of when the Product(s) in the Order will be available again.

4.4 Enervit S.p.A. reserves the right not to state the availability of the Products of some or all of the Products offered in the Online Shop.

 

5.         Price, shipping costs, taxes, and duties

 

5.1 The applicable Price is the one published to the Online Shop in the currency of the country referenced at the time Customer places the Order.

5.2 The Price includes VAT (if Products are shipped by Enervit S.p.A. and delivered inside the European Union). If Products are shipped by Enervit S.p.A. and delivered outside the European Union, the Price does not include VAT.

5.3 The Price does not include shipping costs. Enervit S.p.A. reserves the right to request that the Customer pays for shipping costs, which may vary according to the type of delivery, the quantity of Products to be delivered, their volume, weight and destination.

5.4 This shipping charge is stated separately from the Price before the Customer places the Order. The Customer will pay the delivery charge together with, and at the same time as, the Price, as stated in Clause 7.

5.5 Any taxes, levies, duties fees, and/or other costs mandated by the law of the country where the Products are shipped and delivered are entirely the Customer’s responsibility. The Customer will pay them when the Products are delivered, directly to the competent tax or customs authorities or to the delivery courier.

 

 

6.         Placing Orders

 

6.1 To place an Order, Customers must either do so as a Guest User or they must register on the Online Shop. When registering, they must enter all the mandatory details and choose a password for use when placing Orders and when accessing their Account or Social Account at any time.
6.2 Customers can buy Products by choosing them from the section of the Online Shop dedicated to that type of Product and adding them to their cart. If the Customer wants to buy more than one Product, they must repeat the above process for each one. When the Customer has chosen all the Products they want, if they have not already done so, they must register as stated in Clause 6.1 or, if they have already registered, they must log in by entering their email address and password in the fields provided and clicking on “Proceed to checkout”. Once the system has checked that the details of the selected Product(s) and the delivery details are correct, the Customer must select a payment method, as stated in Clause 7. Having chosen a payment method, the Customer can then place the Order by clicking on “Confirm order”.

 

7.         Payment methods

 

7.1 Customers can pay the Price and the shipping costs stated in clause 5 by credit card, PayPal or other payment methods indicated by Enervit S.p.A. in the Online Shop. Enervit S.p.A. reserves the right to modify payment methods available to Customers at any time, understanding that the accepted payment methods are those indicated in the Online Shop at the time the Orders are placed by the Customer.

7.2 When paying by credit card, the Price and shipping costs stated in clause 5 shall be charged to the Customer together with the Order Confirmation sent by Enervit S.p.A.. The credit card data sent when placing an Order are protected and managed through the Stripe platform. Enervit S.p.A. has no access to any information about the credit card used.

7.3 When paying through PayPal, when the Customer places their Order, their web session will be transferred to PayPal's secure web site. Customers can complete the payment of the Price and shipping costs stated in clause 5 by using their PayPal account in accordance with the terms of use of PayPal at that time. The Price and shipping costs, as stated in clause 5, will be debited from the Customer’s PayPal account at the same time that Enervit S.p.A. sends the Order Confirmation.

7.4 If the Customer so requests when filling in their billing details, Enervit S.p.A. will send a detailed invoice to the Customer via email or postal mail when the Order is shipped. The details provided by the Customer are assumed to be correct and are used to issue the invoice. The invoice cannot be altered once Enervit S.p.A. has issued it.
7.5 The information received by Enervit S.p.A. under clause 7 to fulfil Orders of the Products and to provide refunds if the Customer exercises their right of withdrawal explained in Clause 9.

 

8.         Shipping and delivery of the Products

 

8.1 “Shipping" the Products by Enervit S.p.A. means the act of handing of them over from Enervit S.p.A. to the couriers selected as stated in clause 8.2. Enervit S.p.A. is not obliged to ship the Products until it has received payment. Once payment has been received, Enervit S.p.A. will ship the Products:

 

(i) in case of available Products (as defined in clause 4.):

 

- within 3 working days of receiving debit authorisation stated in clause 7.2 for credit card payments;

- within 3 working days from when the payment information was made available to Enervit S.p.A. in the event of payment by means other than credit card;

 

(ii) where one or more Products are not indicated as available (as permitted under clause 4.3) and the Products are available at the Enervit S.p.A. warehouses when the Customer places their Order: 

- within 3 working days of receiving notice of the payment authorisation as stated in clause 7.2 for credit card payments;

- within 3 working days from when the payment confirmation was provided to Enervit S.p.A. for payment via other methods;

8.2 : Delivery may be made within the borders of the State associated with the location of the Store where the Customer is browsing upon beginning the purchase process. The customer is therefore obliged to enter a shipping address on the order form that is within the borders of the country associated with the Store.

 

"Store" indicates the choice to be made in the menu at the top right

 

Store IT: Italy

Store EN: Ireland, Germany, Austria, France, Spain, Sweden, Belgium, Bulgaria, Cyprus, Croatia, Estonia, Finland, Greece, Latvia, Lichtenstein, Lithuania, Luxembourg, Holland, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Hungary.

 

Deliveries cannot be made to Campione d'Italia, Ceuta and Melilla, Vatican City, Heligoland, Isle of Man, Canary Islands, Channel Islands, Livigno, Principality of Monaco, Republic of San Marino, Austrian Territories of Jungholz and Mittelberg, Territory of Busingen, or to any states not mentioned in the lists above.

 

Orders with a shipping address outside these borders will be cancelled and the total purchase amount will be refunded, if already paid.

 

8.3 Enervit S.p.A. will do everything in its power to ensure that the Products shipped under clauses 8.1 and 8.2 are delivered by the selected couriers:

- in Italy within 48 hours from the shipping date;

- outside Italy within 10 days from the shipping date.

 

8.4 The delivery terms stated in clause 8.3 cannot, in any event, be considered binding. Enervit S.p.A. cannot directly monitor deliveries after the Products have been shipped, so it cannot be held liable in any way for delivery delays.

8.5 In order to allow Customers to monitor Order progress, Enervit S.p.A. shall generate an Order number which, once inserted in the "My Orders" section, is accessible from any page of the Online Shop. This number enables Customers to track the status of their Orders and to check all the Order details. 

8.6 Customers can also check their Order status using the “Order Tracking” feature provided by the selected delivery courier. This facility is available only after the Products have been shipped. Customers can use it by logging on to their Account or using the tracking information provided from Enervit S.p.A. via email.

8.7 When the Products are delivered, the Customer or other people at the delivery address stated in the Order Confirmation who have been appointed to this end by the Customer must verify that:

(i) the correct number of the correct Products have been delivered as stated on the courier’s delivery document (DDT);

(ii) the Product packaging/wrapping is intact, not damaged, not wet or in any way altered, including its sealing materials.

 

8.8 Any damage to the Product packaging must be immediately claimed by the Customer by means of a written control reservation on the courier's proof of delivery. It is understood that once the courier's document is signed without any objection, the Customer cannot raise any further objection to Enervit S.p.A. about the delivery’s exterior condition.

8.9 Products can be delivered by couriers only to the Customer or to persons authorised by the Customer; the person to whom the Products are delivered must sign to certify the delivery. Couriers do not deliver to postal office boxes or by inserting the Products in letter boxes or similar places.

 

8.10 Shipments

 

(i)              Shipments in Italy:

 

Home deliveries are free of charge for Orders of €49.00 or more. Customers must pay a delivery charge of €6.90 for Orders of less than €49.00.

(ii) Shipments outside Italy: Shipping is free for Orders of €49.00 or more. A delivery charge of €6.90 applies for Orders of less than €49.00 Shipments to non-EU countries are subject to additional costs and charges, such as customs duties, which are fully borne by the Customer. When the Customer selects a destination country other than Italy, the shipping costs will be automatically updated.

** Extra costs, including customs charges, apply for deliveries to countries outside the EU, and the Customer may pay them in full.

 

9.         Right of Withdrawal

 

9.1 Customers classed as “consumers” (i.e. natural persons acting for purposes unrelated to any commercial, professional, artisanal or entrepreneurial activity that they may do) have the right to withdraw from a Sale Contract within 14 days of receiving the Products under that contract. To exercise this right of withdrawal, the Customer must write to Enervit S.p.A. at the email address support@enervit.com, stating: 

 

(i) that they intend to exercise the right of withdrawal.

(ii) the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.

 

9.2 In the event the Customer exercises the right of withdrawal under this clause, then:

 

(i) the Customer must return the Products within 10 working days of the date of the withdrawal email mentioned in clause 9.1;

(ii) the Customer must pay all the costs of returning the Products;

(iii) Enervit S.p.A. will refund the Price as quickly as possible and in any event within 30 days of receiving the withdrawal email mentioned in Clause 9.1, on condition that: 

- the Products are returned intact;

- the original packaging is returned intact;

- any accessories, instruction manuals, etc., are returned intact;

- and the Products have not been used;

(iv) the reimbursement is always made through the same payment method used for the purchase.

 

9.3 Should the Customer exercise the right to withdraw in a manner which does not comply with the terms and conditions under clause 9, the Customer is not entitled to reimbursement.

 

10.       Product faults/defects

 

10.1 Customers must report any faults/defects directly to Enervit S.p.A. via email to support@enervit.com.
10.2 Customers classed as “consumers” (under Clause 9.1) may ask the vendor to provide the remedies under Legislative Decree 206/05 (the Italian Consumer Code) for faults and nonconformities in the Products at the time of delivery and to do so within the timescales stated in article 132 of the Consumer Code.

 

11.       Product Liability

The Product manufacturer is responsible for any damage caused by defects in the Products.

 

12.       Privacy

Please see the privacy policy at the bottom of this page.

 

13.       Errors/inaccuracies in the Online Shop

 

13.1 Enervit S.p.A. constantly monitors the Online Shop in order to avoid errors or inaccuracies. However, it is possible that the Online Shop may contain, or may contain over time, errors, inaccuracies or omissions.

13.2 Enervit S.p.A. has the right to amend any errors, inaccuracies or omissions contained in the Online Shop even after an Order has been placed, as well as the right to change or update the information at any time without any prior notice to the Customer.

 

14.       Intellectual Property

 

All intellectual property rights connected to the Online Shop (including its contents) are the exclusive property of Enervit S.p.A. The Online Shop and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked or used for any purpose whatsoever without Enervit S.p.A.’s prior written consent.

 

15.       Applicable Law

 

15.1 General Conditions and the Sale and Purchase Agreements are governed by Italian law.

15.2 Any dispute that may arise in connection with the General Conditions and/or the Sale and Purchase Agreements are subject to the exclusive jurisdiction of the Court of Milan.

 

16.       To contact us

For more information or for assistance about the Online Shop, Sales Contracts, Purchase Agreements, or how to make purchases, Customers may contact Enervit S.p.A. via our Contact Us page or via email at support@enervit.com.