General Terms and Conditions

General Terms and Conditions for Website Visitors and Orders

Last updated: January 30, 2023.

The following General Terms and Conditions, along with our Privacy Policy,  govern visiting our website at www.einova.com (“Website” or “einova.com”), and govern the terms and conditions applicable to orders to purchase products and related services using our Website. The products purchased on the Website are sold by EGGTRONIC INC., a California corporation, registered office in 333 Bush Street Suite 2020, San Francisco, CA USA 94104, telephone number +1 415-228-9989, e-mail info@eggtronic.com (“EGGTRONIC,” “we,” “us,” or “OUR”). References to “you” or “your” mean you individually, or the organization you represent in using this Website or when placing orders. By visiting the Website or placing orders using the Website, you are accepting these General Terms and Conditions.

We reserve the right to modify the Website, our policies, and these General Terms and Conditions at any time to offer new or updated products or services, discontinue products or services, or to comply with legal or regulatory provisions. You will be subject to the policies and terms of the General Terms and Conditions from time to time in force at the time you visit our Website or order products from us.

  1. Eggtronic Business Policy
  2. Purchase Terms
  3. Product Availability
  4. Pricing, Taxes, and Shipment Costs
  5. Payment
  6. Shipping
  7. Returns
  8. Limited Warranty
  9. Warranty Disclaimers
  10. Limitation of Liability
  11. Dispute Resolution; Mandatory Arbitration without a Jury
  12. Complete Agreement
      1. Eggtronic Business Policy
        1.1 These General Terms and Conditions exclusively govern your purchases of products and related services from EGGTRONIC using the Website.
        1.2 EGGTRONIC’s offer of products and related services for sale on einova.com are intended for “Consumers,” meaning individuals who purchase the products to use primarily for personal, family, or household purposes.
        1.3 EGGTRONIC reserves the right not to process orders received from users who are not Consumers and any other order which does not comply with EGGTRONIC’s  policies.
        1.4 The General Terms and Conditions do not govern the supply of services or the sale of products performed by third parties who may be mentioned on einova.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you review the third party’s terms and conditions, since EGGTRONIC shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of einova.com and third parties.
      2. Purchase Terms
        2.1 In order to place an order for the purchase of one or more products on einova.com, you must fill out the online order form and send it electronically to EGGTRONIC, following the relevant instructions.
        2.2 The order form contains a link to these General Terms and Conditions, our Privacy Policy, information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.
        2.3 Before submitting your order form for the purchase of products, you will be asked to carefully read and accept the General Terms and Conditions. You may save or reproduce a copy for your own personal records.
        2.4 Before submitting the order form, you will also be asked to identify and correct possible input errors.
        2.5 The submission of orders to EGGTRONIC must be in English or in the other languages in which the Website is available.
        2.6 By submitting an order form to EGGTRONIC, you unconditionally accept and agree to the provisions of these General Terms and Conditions as well as further conditions posted conspicuously on einova.com. Should you not agree with certain provisions of these General Terms and Conditions, please do not submit your order form for the purchase of products on einova.com.
        2.7 An order shall be deemed to have been submitted when EGGTRONIC receives your order form electronically and the order’s information has been verified as correct.
        2.8 After your order form has been submitted, EGGTRONIC will process your order.
        2.9 EGGTRONIC may not process orders when orders are incomplete or incorrect, or the products are no longer available, or for orders made from other countries where additional regulations, taxes, fees, or duties may apply. In the above cases, we shall inform you by e-mail that the contract has not been executed and that EGGTRONIC has not carried out your purchase order specifying the reasons thereof.
        2.10 Upon submission of an order form, EGGTRONIC shall send you an order confirmation email, containing a summary of the information related to the order form (General Terms and Conditions, the products’ main characteristics list, detailed information on the price, terms of payment, return policy, shipping costs and tax burdens) and the estimated delivery date (“Confirmation”).
      3. Product Availability
        3.1 On the Website and on the presentation page of each product you can see which products are available for shipping or temporarily unavailable. We are not able to provide more precise information regarding the availability of the products.
        3.2 If the products displayed as available on einova.com are no longer available, EGGTRONIC shall inform you of the unavailability of the ordered products as soon as possible. If the order form has been sent and the price has been paid for items that are no longer available, EGGTRONIC will refund the amount paid for those items.
      4. Pricing, Taxes, and Shipment Costs
        .4.1 Unless otherwise shown, prices shown on the Website for products include any applicable sales tax or VAT. The shipment costs are not included in the purchase price and, therefore, they are added to the price indicated on the Website for each product. The shipment costs are calculated based on the kind and the quantities of the ordered products, the place where they have to be shipped, and the courier or the delivery method chosen for the shipment.
        4.2 It is understood that the shipment costs will be indicated and calculated on the summary page for each order and, in any case, before you make the payment and proceed with checkout.
      5. Payment
        5.1 Payment of the prices for the ordered products and relevant shipping costs must be made by using one of the payment methods and procedures available at the time of placing your order.
      6. 5.2 You are required to choose a supported payment method when placing the order. If your payment information is rejected, we may cancel your order or we may request that you update or change your payment information. Your order will not be fulfilled unless and until payment for your order clears.

      7. Shipping
        6.1 The products sold on einova.com are shipped in accordance with the methods indicated in this section “Shipping” which provides specific information concerning the product shipping and delivery procedures. This information forms an integral part of these General Terms and Conditions.
        6.2 Delivery shall be made to the delivery address provided by you. Such delivery address may deviate from the billing address. In case you have not provided a delivery address, delivery shall be made to the billing address.
        6.3 Please be aware that the estimated times for sending and delivering the products are purely estimates.
        6.4 After your order has been processed and shipped, EGGTRONIC will send an e-mail to inform you of the shipment and the estimated delivery date, and will provide the tracking number of the shipment.
        6.5 Concerning the transfer of risk, if you are a Consumer, the shipping risks shall be assumed by EGGTRONIC irrespective of the shipping method until the moment you receive delivery of the product. If you are not a consumer, the risk shall pass to you as soon as EGGTRONIC has handed over the products to the contracted forwarder or carrier or other delivery company appointed to execute the shipment unless you have arranged for insurance.
      8. Returns
        7.1 If you are a Consumer, you may return products purchased from our Website without any penalty and without specifying the reason within fourteen (14) days from delivery of the products, in accordance with this section “Returns” which includes the details concerning the methods of making a return. This information forms an essential part of these General Terms and Conditions. If you would like to make a return please send an email to support@eggtronic.com. Please specify your name and the order number. EGGTRONIC will send you an e-mail confirming receipt of the return request and instructions.
        7.2 You must return products to EGGTRONIC following the instructions provided within fourteen (14) business days from the date of the e-mail we send you confirming receipt of the return request and instructions.
        7.3 The costs of the return are your responsibility but we will provide you a return prepaid label.
        7.4 The returned products must be returned complete with all components and with their original packaging.
        7.5 If the return right is exercised in conformity with the conditions explained in the General Terms and Conditions and in this section “Returns,” EGGTRONIC shall refund the amounts paid for the returned products within fourteen (14) days from the date we receive your returned product.
        7.6 Failure to follow the instructions in accordance with these General Terms and Conditions for a return may disqualify you from receiving a refund.
        7.7 If the recipient of the products indicated in the order form differs from the party who made the payment, the amount shall be refunded by EGGTRONIC to the party who made the payment.
        7.8 The refund of the amount paid will be executed by EGGTRONIC using the same payment method used by the Consumer for the initial order, unless otherwise agreed. The value date for the credit shall be the same as the value date of the original charge.
        7.9 It is understood that the Consumer will not be entitled to exercise the right to return the product in the event the product was specifically tailored or personalized, in addition to any other circumstances that exclude the right to return pursuant to applicable law.
      9. Limited Warranty
        8.1 EGGTRONIC warrants to you that each product you purchased on the Website from EGGTRONIC will be free from defects in materials and workmanship for a period of one (1) year from the date the product is first delivered to you. If you discover a product defect, you shall promptly give EGGTRONIC written notice, in any case, within two (2) months from the date of the discovery.
        8.2 EGGTRONIC reserves the right to grant you a longer warranty period with respect to the one indicated above in relation to certain products. Any longer warranty period is indicated in the webpages referred to the products in question and in the relevant warranty terms.
        8.3 You will have the right under the limited warranty in this section to either, at EGGTRONIC’S option, repair or replacement of the product, or, if this is not possible, to return the product for a full refund in accordance with the return provisions in these General Terms and Conditions.
        8.4 For any other information concerning this limited warranty and in the event that you discover a defect in materials or workmanship in the products purchased from the Website during the warranty period, contact our Customer Care team (support@einova.com).
      10. Warranty Disclaimers
        9.1 EXCEPT AS EXPRESSLY STATED HEREIN, AND TO THE EXTENT PERMITTED BY LAW, THE PRODUCTS ARE PROVIDED “AS IS” AND EGGTRONIC DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EGGTRONIC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITED WARRANTY IN SECTION 8 DOES NOT COVER DEFECTS OR DAMAGE ARISING FROM IMPROPER USE OR MAINTENANCE, NORMAL WEAR AND TEAR, COMMERCIAL USE, ACCIDENT, OR EXTERNAL CAUSES. UNAUTHORIZED MODIFICATION OR CUSTOMIZATION OF YOUR PRODUCT MAY VOID THE WARRANTY. EGGTRONIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE FEATURED OR LINKED THROUGH THE WEBSITE, AND EGGTRONIC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES WHICH YOU WOULD UNDERTAKE AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR SALES OF PRODUCTS “AS IS, SO NOT ALL OF THE FOREGOING MAY APPLY TO YOU DEPENDING ON THE LAWS OF YOUR JURISDICTION.

    1. Limitation of Liability
      10.1  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EGGTRONIC, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES,OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PURCHASE MADE ON THE WEBSITE OR USE OF THE PRODUCTS AND SERVICES PURCHASED, EVEN IF EGGTRONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EGGTRONIC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO EGGTRONIC’S OPERATION OF THE WEBSITES OR OFFER TO SELL OR SALE OF PRODUCTS THEREON EXCEED $100 OR THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE WEBSITE, WHICHEVER IS LESS. THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR EGGTRONIC’S OWN GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW, OR LIABILITY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW.
    2. Dispute Resolution; Mandatory Arbitration without a Jury
      11.1 Any controversy or claim arising out of or relating to this contract, or the breach thereof, or use of the products or services order shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The arbitrator shall be experienced in the law applicable to consumer technology products and services. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. The arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages except as may be required by statute. Neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties unless such disclosure is required by law.
    3. Complete Agreement These General Terms and Conditions and the details of your order provided by EGGTRONIC constitute the entire agreement between you and EGGTRONIC relating to the use of the EGGTRONIC products and related services, and supersedes all prior or contemporaneous understandings regarding such subject matter. Any different or additional terms or conditions unilaterally proposed by you on any business purchase order forms or acknowledgments are rejected and shall not apply. No amendment to or modification of these General Terms and Conditions will be binding unless the General Terms and Conditions are updated by EGGTRONIC in accordance with the terms specified above or is in writing and signed by an authorized representative of EGGTRONIC.