INFO

DELIVERY AND RETURNS

DELIVERY

The delivery of the products will be made to the transport and cost conditions indicated on the order confirmations sent by E2M, unless otherwise required by the Customer. If the cost of transport is higher than indicated in the order confirmation, the relative amount will be communicated by E2M to the customer before the shipment, which will be made after the customer has accepted the new amount within 3 (three) days from communication of E2M. If E2M is not able to comply with the delivery terms indicated above, without any responsibility for the Customer, it will communicate the new conditions of delivery of the product to the Customer, which will have to confirm the order as amended within 3 (three) days from the communication of E2M. Unless otherwise agreed in writing, the delivery is sent to the address given by the customer.

EXAMS OF THE PRODUCT, DELAY AND NOT-DELIVERY

The Customer must examine the received products in an accurate way during the delivery and he must communicate in details to E2M, within 8 (eight) days from the delivery, all the defects checked or discoverable during this examination or propose any other claims relating to the products. If the Customer doesn’t make this communication, all the products will be considerate definitively accepted and good as requested in the order, without precluding the possibility to claim some non-apparent defects , within 1 (one) year from the delivery, if the declaration was done within 8 (eight) days from this discovery (according to the Article 1495 of the Civil Code). The Customer must refuse the delivery, from the carrier, of products with a damage packaging and he must inform E2M about the happening, otherwise all the products will be considered totally accepted under present conditions.

CHANGE OWNERSHIP AND RISK

For EXW deliveries ownership of the products passes to the Customer upon collection of the goods by the carrier for the carriage. Goods travel is at the client’s risk and danger even in case of DAP. It is understood that each shipment is carried out for precise assignment and on behalf of the customer, therefore, E2M is exempted from any responsibility with the delivery to the carrier.

GUARANTEE

E2M will replace or repair the products provided, according to the current community and national regulations.

PRODUCT INFORMATION AND ITS AVAILABILITY

Unless otherwise indicated, the "technical parameters" represent the limits within which the customer can use the product, with particular reference to safety of the same. The dimensions and other physical characteristics are subject to normal commercial tolerances. It will be the customer's responsibility to verify, in advance, the suitability of the product for the use that he wants to make of it. In any case, E2M reserves the right to cease the offer of every product, or to make changes to the specifications of the products, at any time, even without notice and without having to add justifications to this decision. E2M recommends customers to verify the size and other data relating to the products published on the E2M website, as well as the future availability of the same, before using them for particular use. The information contained on the E2M website is, as far as E2M is aware, correct at the time of the printing. If the customer intends to provide the products purchased to third parties, he himself will ensure that the products are complete with all accessory elements such as warnings, labels, instructions, manuals and other useful information, provided with the products themselves.

WITHDRAWAL AND RETURN OF PRODUCTS

If the customer is a consumer (i.e. a natural person who buys the goods for purposes not referable to his professional activity, that’s means that into the purchase there is no reference to VAT number or company C.F), is entitled to withdraw from the purchase contract, pursuant to Legislative Decree no. 206/2005 and subsequent modifies (Legislative Decree 21/2014), writing to Sales@energytomotion.com or through the form on E2M website. No return of the products will be allowed without the prior written consent of E2M, without prejudice to what reported into the previous paragraph "Guarantee". After obtaining the E2M consent, in order to be entitled to reimbursement, the customer must return the products, according to the following conditions:

  1. products must not have been used and must be returned intact, in the original package, complete in all its parts (including packaging and any documentation or accessory equipment: manuals, cables, etc.) and complete with the related fiscal documents;
  2. the redelivery must be done within 15 (fifteen) days from the purchase invoice data;
  3. if the sale conditions don’t have specific instructions (and these have not subsequently been indicated by E2M), all the added parts to the product from the Customer must be removed before the restitution to E2M, otherwise, E2M is authorized to remove and / or eliminate all the added parts;
  4. even if the product packaging is intact, a fixed return contribution of 25.00 (twenty -five) euros will be applied at the discretion of E2M;
  5. the Customer, under current legislation, the Consumer is liable only for any diminution of the value of the product(s) resulting from any manipulation of the said product(s) beyond those effectively necessary to verify the integrity or correctness of the product. When assessed, the refund will be reduced proportionally to the reduction in value;
  6. the products are returned to E2M at the customer's costs, even in the case E2M will take care of the of the return (from the address that the Customer will indicate in the communication of the will to withdrawal). The products to return must be adequately packed and shipped to the address that the E2M will communicate its consent to the return;
  7. E2M, pursuant to and for the effects of articles of the Consumer Code as amended by Legislative Decree no. 21/2014, reserves the right to retain the reimbursement until the products have received back, or until the customer has shown that he sent the products. Depending on which situation occurs before. This right will not be applied if it is E2M to organize the return) and until he has verified the integrity conditions of the product;
  8. E2M will make the refund using the same means of payment chosen by the customer during the purchase. In the case of payment made by bank transfer, the Customer must provide E2M (by e-mail to the address sales@energytomotion.com) the bank details, IBAN (possibly Swift and BIC) necessary for the refund payment by E2M;
  9. without prejudice to the above conditions for the return of the product, the return or the withdrawal of the product will not be consent in cases the Customer has made its express purchase order on its letterhead, sent to E2M (by e -mail) for a product not available at the time of the order sent to E2M and/or at the time of Customer’s acceptance of E2M commercial offer sent to the Customer who requested it. In these cases the product will only be covered by a guarantee (see relative paragraph).

COUNTRY OF ORIGIN

Unless otherwise communicated in writing to the Customer, the information contained on the E2M website does not constitute, nor must they be understood, as a declaration of the country of origin, of preferential origin, processing, production or assembly of the products or any part of them.

ORDERS CANCELLATION

The customer cannot cancel the orders once accepted by E2M. E2M can, at its discretion, allow the cancellation of the order by asking to the Customer the recovery of the costs incurred by E2M. In case of cancellation of a single part of an order, E2M can invoice to the Customer the difference in unitary price applicable to the quantity actually shipped until the time of cancellation, despite the quantity ordered. E2M reserves the right not to entertain commercial relations with every subject. In addition, E2M reserves the right not to accept or cancel any order, regardless of whether the payment has been received or not, communicating to the Customer by means of telephone or e-mail within 48 (forty-eight) hours (excluding weekends and public holidays) from receipt of the order. In the event that E2M does not accept or delete an order for which the payment has already been made, E2M will promptly reimburse the entire amount received, according to the methods that will be indicated to E2M by the customer. It is understood, however, that the return of the price represents the only E2M charge, any other subsequences due to the cancellation of the order, have to be excluded from E2M responsibility. In the event that the execution of orders by E2M was hindered or prevented by the cause of force majeure or fortuitous chance, or by the impossibility of obtaining the services, materials or articles necessary for the fulfillment of the order, with increased prices, E2M will delay the evasion of the order and, in this case, will communicate the delay to the Customer. In this case the Customer, will have the right to cancel the order in everything or in part within 3 (three) days from the receipt of the communication by E2M. In none of the aforementioned cases, E2M can be responsible for the delay, cancellation or impossibility of making delivery.

ADMINISTRATIVE RESONSABILITY

The Customer declares that he is aware of the current legislation on the administrative liability of the legal person and, in particular, of the provisions of Legislative Decree 8 June 2001, n. 231. In this regard, the Customer declares to imprint his behaviors to the principles of transparency and fairness, in the strictest observance of the legal provisions.

PERSONAL DATA TREATMENT

E2M proceeds with the Customers’ personal data treatment in accordance with the current the law about privacy. Methods and purposes are specified in the privacy page at the following internet address: https://www.energytomotion.com/en/privacy-policy/.
For any information in this regard, privacy@energytomotion.com.

PLACE OF JURISDICTION

Tivoli is the place of performance and the competent court for any controversy deriving from these general sale conditions. If the customer is a consumer, possible controversies deriving from the following general conditions will be passed to the judge competence of the consumer place of residence or domicile.

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