Newsletter

TERMS AND CONTITIONS OF SALE

All orders for products and services on the E2M website are accepted by Energy To Motion di E.S. subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by E2M unless agreed in writing by an authorised signatory of E2M or expressly stated otherwise in these terms and conditions of sale. All descriptions of the products and services contained on the E2M website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between E2M and the Customer. E2M shall not be liable to the Customer for any errors or omissions in its website. The advertising of products and services on the E2M website is not an offer capable of acceptance, it merely constitutes an invitation by E2M for the Customer to make an offer to purchase products and services. 
PRICES
The prices of the products and services are as set out on the E2M website at the date of despatch of the ordered products or the date of provision of the ordered services. Customer is informed that prices and products in the printed hard copy catalogue are subject to change. All prices exclude VAT, which E2M will add at the rate applicable at the date of order despatch. E2M reserves the right to change prices without prior notice at any time.
ORDERING
E2M reserves the right to decline to trade with any company or person. In addition, E2M may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by E2M of the order. E2M executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. The Customer must submit orders using the E2M numbers and the priced units used in the E2M website and must specify which delivery option is required. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause “Cancellations” will apply. 
PAYMENT
Payment can be made as follows:
a) by bank transfer;
b) by way of PayPal account sales@energytomotion.com
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy, E2M, however, reserves the right to require payment in cash, to the extent permitted by law, or to propose additional and different methods of payment. Any condition of payment other than those mentioned above shall be agreed in writing with E2M, before placing the order. All payments will be made in favor of E2M, without the customer will oppose any compensation, or deduction against such claims. In case of failure to pay the price charged to the customer, the sales contract shall be deemed terminated pursuant to and for the purposes ofArticle 1456 of the Civil Code. In the event that payments are not made on time, E2M reserves, however, the right to charge interest on arrears at the rate of interest provided for in Article 5, D. Decree No 231 of October 9, 2002 into force, subject to the E2M rights to seek compensation for any additional damage, and the reimbursement of any costs or expenses incurred for the recovery of their claims, including legal fees. In this case, all sums then owed by the customer at E2M, also in relation to other supplies, will become immediately due and payable for the full, having to understand this purpose revoked any time to pay granted by E2M. 
CURRENCY
Payments must be made in Euros, other currencies may be agreed in writing between the parties. 
DELIVERY
E2M will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the E2M Confirmation Order and will be notified to the Customer at the time of order, or those contained in the Payal "basket" purchase method. Customer is informed that delivery options and prices in the printed hard copy catalogue are subject to change. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing. Times and dates for delivery quoted on the E2M Confirmation Order are approximate only and E2M shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the website as requiring special handling may (because of the nature of the products) take up to 72 hours after acceptance of the Customer's order. If any delivery is late, the Customer must notify E2M, and E2M will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. E2M may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable E2M may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
INSPECTION, DELIVERY, DELAYS AND NON DELIVERY
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 8 days of the date of delivery give notice to E2M in detail of any defect in the product, shortfall, or any other complaint in products delivered, that is apparent on reasonable examination. If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly, notwithstanding the possibility, within and no later than 1 (one) year from delivery, to enforce any non-apparent defects, provided such a complaint has been made within 8 (eight) days from discovery thereof (in accordance with the provisions of 'Article 1495 of the Civil Code). It is understood that the customer must refuse the delivery by the carrier, of packs with damaged packaging, and must, in this regard, notify E2M the incident, otherwise the goods delivered shall be deemed accepted in full in the state where they are located at that time. E2M shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances. 
RISK AND OWNERSHIP 
The ownership of goods passes to the customer when the goods are delivered to the carrier. The goods travel at Customer own risk, even when it is delivered free destination, it being agreed that each shipment is made for specific the customer's account and that, therefore, E2M is exempt from any responsibility for the delivery of the carrier. In case of non-payment, E2M will be entitled to avail, at its sole discretion, the termination clause in the next section "Payments and Termination clause" or any other remedies provided by law, including the repurchase of possession pursuant to Article 1519 of the Civil Code. Where necessary to allow E2M to exercise and protect their rights, the customer will allow E2M, its employees and agents to access their premises, only to proceed with the withdrawal of products not paid. It is moreover understood that E2M will in any case the right to seek full compensation for any damage suffered as a result of the failure of the customer. 
WARRANTY
E2M will replace or repair the products supplied, as defined by EU regulations.
PRODUCT AND AVAILABILITY INFORMATION
Unless otherwise stated, the "technical parameters" represent the limits within which the customer can use the product, with particular reference to its safety. The dimensions and other physical characteristics are subject to normal commercial tolerances. It is the responsibility of the customer to verify in advance, the suitability of the product for any use that he wants to do the same. In any case, E2M reserves the right to discontinue offering any product or make changes to product specifications at any time without notice and without having to give grounds for such decision. E2M recommends that customers test the size and other product data published on the E2M website, as well as the future availability of the same, before using them for purposes of particular importance. The information contained on the E2M website is, to the knowledge of E2M, correct at time of printing. If the Customer wishes to provide to any third party products purchased, he will ensure that the products are complete with all ancillary elements such as warnings, labels, instructions, manuals and other information, provided with the product. 
LIMITATION
E2M shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence. Products sold by E2M are not recommended or authorised for use in life support, surgical implantation or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
RETURNS
If the customer is a consumer (ie a person who buys goods for purposes not related to his professional activity, or does not indicate in the E2M purchase order form a VAT C.F reference), has the right to withdraw from the purchase contract according to the italian D.Lgs. N. 206/2005 and subsequent amendments (D.Lgs. 21/2014), writing to sales@emergytomotion.com or by filling the form on the official E2M web site page.
It will not be allowed any product returns without the prior written consent of E2M, except as provided in paragraph "Warranty". After the consent of E2M, to qualify for the refund, the customer must return the products, according to the following conditions:
a) products must not be used and must be returned undamaged, into the original undamaged packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc.) and with all the fiscal documentation enclosed;
b) the return must be made within 14 (fourteen) days from the delivery date;
c) where the conditions of sale does not contain specific instructions (and then they have not been indicated by E2M), all parts will be added to the product by the customer must be removed before returning to E2M, otherwise, E2M is authorized to remove and / or delete all the additional parts;
d) even if the product packaging is intact, however, will be applied (E2M discretion) to a fixed contribution towards the cost of management made equal to 25.00 (twenty five) euros;
e) the client, in accordance with applicable law, shall only be liable for any diminished value of the product/s resulting from the handling of the same different from the one required to establish the nature, characteristics and functioning of the product/s, assessable to the receiving the same. If found, the customer will be deducted from the refund a percentage proportional to the decrease of the measured value;
f) the products are returned to E2M to the expense of the customer, also in case E2M organises the return (with pickup at the address that the customer will indicate in the statement of intent of withdrawal). The products to be returned to E2M must be properly packaged and shipped to the following E2M address: E2M, Via Lago Dei Tartari 73 - A stair, 1 floor- 00012 Guidonia Montecelio (RM) Italy, tel. +39 328 4192307.
g) E2M, according to Consumer Code as amended by Legislative Decree n. 21/2014, reserves the right to withhold the refund until he has received the product /s (or until the Customer has not demonstrated that it has shipped the product/s or, whichever situation occurs first, power that will not be applied if the return will be organised by E2M at the address indicated by him) and until it has verified the conditions of integrity of the product.
e) E2M will make the refund using the same means of payment chosen by the customer during the purchase. In case of payment by bank, the customer must provide E2M (via contact form or e-mail on sales@enegrytomotion.com) the bank details, IBAN (eventualy SWIFT and BIC) needed for the refund made by E2M.
ORIGIN COUNTRY
Unless otherwise stated in writing to the customer, the information contained on the website of E2M not constitute, nor should be construed as a declaration of country of origin, preferential origin, processing, manufacturing or assembly of products or any part of them.
CANCELLATIONS 
Customer can not cancel orders once accepted by E2M. E2M may, at its discretion and in writing, to allow an order is canceled, subjecting it to the recovery of costs from the customer incurred by E2M. In case of cancellation of only one part of an order, E2M will charge the customer the difference in unit sales price applicable to the quantity actually shipped until the time of cancellation of the amount ordered. E2M reserves the right not to do business with any person. Moreover, E2M reserves the right to refuse or cancel any order, regardless of whether or not payment has been received, notifying the customer via fax, phone or e-mail within 48 (forty eight) hours (excluding weekends and public holidays) from receipt of order. In case E2M do not accept or cancel an order that has already been paid, E2M promptly refund the full amount received according to the indication given from the sustomer to E2M for that purpose. It is also understood that the refund of the price will be the only burden of E2M, due to the order rejection or cancellation, excluding any other kind of liability of E2M. In the event that the execution of orders by E2M is hindered or prevented by force majeure or unforeseeable circumstances, or the inability to procure the services, materials or articles required for the fulfillment of the order, if not to higher prices, E2M may delay the order and, if so, informing the delay to the customer who, within three (3) days of receipt of notice from E2M, has the right to cancel the order in whole or in part. In none of these cases, E2M be held responsible for the delay, cancellation or inability to make delivery. 
ADMINISTRATIVE LIABILITY (D. LGS. No 231/2001)
The customer declares to be aware of current legislation relating to administrative liability of legal persons and, in particular, the provisions of Legislative Decree Law of 8 June 2001, No 231. In this respect, the customer declares to orientate their conduct to the principles of transparency and fairness, in strict compliance with the provisions of the law.
PRIVACY
E2M proceeds to the processing of personal data of its customers in accordance with the provisions of the law, in the manner and for the purposes specified in the Privacy Policy published at the following Internet addresswww.energytomotion.com/privacyen.html. For any information about them, is available the e-mail address info@energytomotion.com
LAW AND JURISDICTION
The contract between E2M and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with Italian Law and the Customer submits to the non-exclusive jurisdiction of the Court of Justice in Tivoli (RM - Italy).


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