TERMS AND CONDITIONS

 

General Conditions of Sale

Contents

  1. Definitions
  2. Subject
  3. Conclusion of Sale Contracts
  4. Product availability
  5. Price and delivery costs
  6. Placing Orders
  7. Method of payment
  8. Shipping and delivery of the Products
  9. Right of withdrawal
  10. Product faults/defects
  11. Product liability
  12. Privacy
  13. Errors/inaccuracies in the Online Shop
  14. Intellectual property
  15. Applicable law
  16. To contact us
  17. Definitions

The terminology used in these terms and conditions is as 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 registered office at Viale Achille Papa 30, Milan, Italy.
● Parties: Enervit S.p.A. and the Customers.
● 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 store run by Enervit S.p.A. accessible at www.enervit.com/shop, where the Products can be purchased.
● Sale Contracts: the sale contracts entered into for the Products between Enervit S.p.A. and the Customers via the Online Shop as stated in Clause 3.
● Orders: the purchase orders for the Products sent by Customers in line with the General Conditions as stated in Clause 6.
● Order Confirmation: the email message with which Enervit S.p.A. informs the Customer that it has accepted an Order.
● Price: the sale price stated for the Products in the Online Shop.
● Products: the products on sale in the Online Shop.
● Account: the area in the Online Shop where Customers can log on and (i) view and amend their personal details and the delivery addresses for the Products that they order, (ii) view their Order history, (iii) update their privacy settings, (iv) access all the other functions relating to their use of the Online Shop.

  • Social Account: the area in the Online Shop where Customers can log on via social media and (i) view and amend their personal details and the delivery addresses for the Products that they order, (ii) view their Order history, (iii) update their privacy settings, (iv) access all the other functions relating to their use of the Online Shop.
  • Guest User: a user who accesses the Online Shop without registering and logging on for the sole purpose of placing an individual Order. (i) Guest Users’ personal details and delivery addresses for Product Orders are not saved on the system. (ii) The user will not be able to view their Order history or access any of the other functions relating to their use of the Online Shop.

 

  1. Subject

2.1 These General Conditions govern all Sale Contracts and are an integral part of them.
2.2 Enervit S.p.A. may amend the General Conditions at any time. The General Conditions applicable to a Sale Contract are those published in the Online Shop at the time when the Customer places their Order. 
2.3 If the General Conditions contradict any other terms and conditions governing the Sale Contracts published in the Online Shop, then the terms and conditions that are most favourable to the Customer shall apply.

  1. Conclusion of Sale Contracts

3.1 Enervit S.p.A. will send the Order Confirmation to the Customer within 2 working days of receiving their Order.
3.2 Sale Contracts are concluded between the Parties when the Customer receives the Order Confirmation. If Customer does not receive an Order Confirmation within the timeframe stated in Clause 3.1, then Enervit S.p.A. has effectively declined the Order, which is therefore void.
3.3 When placing Orders, Customers confirm that they have read all the instructions in Clause 6 about how to buy the Products and that they accept the General Conditions in full and that they have read all the additional information in the Online Shop, including information referenced via links.
3.4 Orders will be saved in the Online Shop database, in line with and as stated in the privacy legislation in effect at the time. Customers can access their Orders via their Account and by contacting Enervit S.p.A. as stated in Clause 16.

  1. Product availability

4.1 Further to Clause 4.3, for each Product in the Online Shop, Enervit S.p.A. states whether:
(i) it is available in its warehouses;
(ii) it is not available in its warehouses.
4.2 The Products offered in the Online Shop and their availability may vary at any time, and Enervit S.p.A. has no liability for this towards the Customers. 
4.3 If a Product shown as available when a 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 some or all of the Products offered in the Online Shop.

  1. Price, delivery costs, taxes and customs charges

5.1 The Price is as stated in the Online Shop in the currency of the country concerned at the time when the Customer places an Order.
5.2 The Price includes VAT when the Products are shipped by Enervit S.p.A. and delivered within the European Union. The Price does not include VAT when the Products are shipped by Enervit S.p.A. and delivered outside the European Union. 
5.3 The Price does not include delivery costs. Enervit S.p.A. reserves the right to ask Customers to pay a delivery charge, which may vary according to the delivery type, the destination, and the Product quantity, volume and weight.
5.4 This delivery charge is stated separately from the Price before the Customer places their 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, customs charges and 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.

  1. 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, then 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 on 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 “Place order”.

  1. Method of payment

7.1 Customers can pay the Price and the delivery charge stated in Clause 5 via credit card, PayPal or other payment methods indicated by Enervit S.p.A. in the Online Shop. Enervit S.p.A. may change the available payment methods at any time. The accepted methods are those published in the Online Shop at the time when the Customer places their Order. 

7.2 When paying by credit card, the delivery charge stated in Clause 5 is debited when Enervit S.p.A. sends the Order Confirmation. The credit card details sent when placing an Order are handled securely by PayPal; therefore, Enervit S.p.A. has no access to any information about the credit card used.


7.3 For PayPal payment, when the Customer places the Order, their web session will be transferred to the secure PayPal website. Customers can complete their payment of the Price and the delivery charge stated in Clause 5 there using their PayPal account in line with the PayPal conditions of use, which the Customer then agrees if they have not already done so. The Price and the delivery charge stated in Clause 5 are charged to the Customer’s PayPal account at the same time as 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 correct invoice to the Customer via email or in the post 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 will be used solely to fulfil Orders of the Products and to provide refunds if the Customer exercises their right of withdrawal under Clause 9.

  1. Shipping and delivery of the Products

8.1 “Shipping” the Products 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. has no obligation to ship the Products until it has received payment of the Price; Once it has received payment of the Price, Enervit S.p.A. will ship the Products:

(i) for Products that are available (as defined in Clause 4):

- 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 made available to Enervit S.p.A. for payment via other methods; 

 (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 Enervit S.p.A ships the Products to the countries stated in the Online Shop, using express couriers selected as and when required based on the Product ordered and the delivery destination. The Products are shipped by Enervit S.p.A. and delivered by the courier selected by Enervit S.p.A. to the address stated by the Customer when registering as in Clause 6.1 or to another address stated when the Order was placed.

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 courier:

- in Italy: within 48 hours of the shipping date;

- outside Italy: within 10 days of the shipping date. 

8.4 In any event, the delivery terms stated in Clause 8.3 cannot 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 Enervit S.p.A. generates an Order number and includes it under “My orders”, which is available from every page in 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 check that:

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

(ii) the packaging and its seals are intact, not damaged, not wet and have not otherwise been tampered with. 

8.8 If the Customer finds that the Product packaging has been damaged in any way, they must immediately raise the issue by accepting the delivery subject to inspection and noting as much on the delivery receipt. Once the courier’s delivery document has been accepted unconditionally, the Customer can no longer raise any objections with Enervit S.p.A. about the delivery’s exterior condition. 

8.9 The courier may deliver the Products only to Customers or to people authorised by them. The person accepting the delivery must sign to confirm receipt. Couriers do not deliver to PO box addresses or letterboxes or similar places.

8.10 Shipments

(i) Shipments in Italy:

Home deliveries are free of charge for Orders of €50.00 or more. Customers must pay a delivery charge of €6.90 for Orders of less than €50.00.

(ii) Shipments outside Italy: Shipping is free for Orders of €100.00 or more. A delivery charge of €15.00 applies for Orders of less than €100.00. Extra costs, including customs charges, apply for deliveries to countries outside the EU, and the Customer may pay them in full. If the Customer selects a country other than Italy to ship to, then the shipping costs will be added to their Order automatically.

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

  1. 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 want to exercise their right of withdrawal; 

(ii) the Order that gave rise to the Sale Contract from which they wish to withdraw. 

9.2 If a Customer exercises their right to withdraw 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) Enervit S.p.A. will tell the Customer how the refund will be paid and may ask for their bank details (IBAN and account holder) to that end. 

9.3 If the Customer exercises their right of withdrawal without following the instructions and deadlines stated in this clause, then the Customer loses their right to a refund.

  1. 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.

  1. Product liability

The producer of the Products is responsible for any damage caused by defects in the Products.

  1. Privacy

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

  1. Errors/inaccuracies in the Online Shop

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

13.2 Enervit S.p.A. therefore reserves the right to correct any errors, inaccuracies or omissions in the Online Shop before or after an Order has been placed. It may also change or update the information at any time without notice.

  1. Intellectual property

Enervit S.p.A. exclusively owns all intellectual property rights relating to the Online Shop (including its content). The Online Shop and its content cannot be reproduced in its entirety or in part, nor may it be transferred via electronic or conventional means, nor may it be modified, linked to or used for any purpose without Enervit S.p.A.’s prior written permission.

  1. Applicable law

15.1 The General Conditions and the Sale Contracts are governed by Italian law.

15.2 For any dispute that may arise in connection with the General Conditions and/or the Sale Contracts, the sole competent court will be the Court of Milan.

  1. To contact us

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