The following General Terms and Conditions govern the offer and sale of products on our website www.einova.com (“Website” or “einova.com”). 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 94104 – Telephone number +1 415-228-9989, e-mail email@example.com (“EGGTRONIC”).
We reserve the right to modify the Website, the policies and these General Terms and Conditions at any time to offer new 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 order products from us, unless any changes to these policies and terms are required by applicable law or competent authorities (in which case, they will also apply to orders you have previously placed). If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
- Eggtronic Business Policy
- Purchase Agreement
- Product Availability
- Pricing and Shipment Costs
- Dispute Resolution
1. Eggtronic Business Policy
1.1 These General Terms and Conditions exclusively regulate the offer, transmission, acceptance and execution of purchase orders relating to products on einova.com between the users of einova.com and EGGTRONIC.
1.2 EGGTRONIC’s offer of products for sale on einova.com and its e-commerce business services are intended to “Consumers”, meaning the natural persons who purchase the products offered by the Website for purposes unrelated to any business or professional activity carried out.
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 business policy. However, in case of submission by a user which is not a Consumer and acceptance of the order by EGGTRONIC, these General Terms and Conditions apply to the relevant purchase.
1.4 The General Terms and Conditions do not regulate the supply of services or the sale of products performed by third parties that are 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 verify 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 Agreement
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, 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, with the possibility to save or reproduce a copy thereof for your own personal use.
2.4 Before submitting the order form, you will be also 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 undertake to observe the provisions of these General Terms and Conditions as well as further conditions contained on einova.com and here recalled. 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 purchase orders when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. 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 a purchase order confirmation-mail, 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”). Please be aware that the agreement will be concluded at the receiving of the aforementioned Confirmation.
3. Product Availability
3.1 In the Website and in the presentation page of each product you can see which products are available for shipping or temporarily unavailable. In addition to the information provided on this page or elsewhere on the Website, we are unable to give more precise information regarding the availability of products.
3.2 If the products displayed on einova.com as available 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 and Shipment Costs
4.1 All the prices of the products on the Website are inclusive of VAT.
4.2 The shipment costs are not included in the purchase price and, therefore, they have to be added to the price indicated on the Website for each product. The shipment costs are calculated in function of the kind and the quantities of the ordered products, as well as of the place where they have to be shipped and of the courier or the delivery modality chosen for the shipment.
4.3 It is understood that the shipment costs will be indicated and calculated on the summary page dedicated to each order and, in any case, before you make the payment and proceed with the checkout.
4.4 Should the products be subjected to import duties, due to the delivery to be executed outside Italy, and their costs cannot be calculated in advance and will be payable once the products are delivered to destination, these additional costs can be debited to you and any possible import duties or additional customs clearance will be your responsibility. The customs policies vary considerably by country and you should therefore contact your local customs offices for any further and specific information.
5.1 Payment of the ordered products prices and relevant shipping costs must be made by using one of the methods and procedures available at the section “Payment”, whose content shall be deemed as accepted upon sending of the order; in any case, you will be informed, before submitting the order, of all the admitted payment modalities. 5.2 You are required to choose the payment method when sending the order and the latter, once the Confirmation has been received, can no longer be changed.
5.3 The prices and shipment costs will be charged to you in accordance with the policy available at the aforementioned section “Payment”.
6.1 The products sold on einova.com are shipped in accordance with the modalities indicated in the section “Shipping” which provides any specific information concerning the product shipping and delivery procedures. These information form integral part of these General Terms and Conditions and, consequently, shall be deemed to be accepted by you at the time order form is sent.
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 consider that the estimated times for sending and delivering the products are purely indicative and it is not possible to fully rely on them.
6.4 After your order has been processed and shipped, EGGTRONIC sends an e-mail to inform you of the shipment and the estimated delivery date, providing 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 the product. If you are a businessperson, 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.
7.1 If you are a Consumer, you may return products purchased from einova.com, without any penalty and without specifying the reason, within fourteen (14) working days from receiving the products purchased on einova.com, in accordance with the further information provided at the section “Returns”, which includes all the opportune details concerning the modalities to make the return. These information form essential part of these General Terms and Conditions and consequently, shall be deemed to be accepted by you at the time your order form is sent.
To withdraw from the contract, you shall send a declaration explicitly stating your decision to withdraw from the contract to firstname.lastname@example.org. Please specify your name and the order number. EGGTRONIC will send you an e-mail confirming receipt of the return request.
7.2 Once you have exercised your right to withdraw from the contract, you have to return the returned products to EGGTRONIC, following the instructions provided in the section “Returns”, by giving them back within fourteen (14) working days from the date the return has been communicated to EGGTRONIC.
7.3 The costs of the return are at your charge but we will provide you a return prepaid label.
7.4 The returned products must not have been used or damaged, and must be returned complete and in 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 the section “Returns”, EGGTRONIC shall refund the amounts paid for the returned products within fourteen (14) days from the date you have communicated to EGGTRONIC the exercise of the withdrawal right. It is understood that EGGTRONIC shall withhold the reimbursement until we have received the returned products.
7.6 You will be responsible for any problems arising from the circumstance the return is not exercised in accordance with these General Terms and Conditions.
7.7 If the recipient of the products indicated in the order form differs from the Consumer who made the payment, the amount shall be refunded by EGGTRONIC to the Consumer 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 relevant order, unless differently agreed. The value date for the credit shall be the same as the value date of the original debt.
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 is specifically tailored or personalized, in addition to any other circumstances that exclude the right to return pursuant the applicable law.
8.1 If you are a Consumer, EGGTRONIC warrants you that each product purchased on the Website will be free from defects and/or non-conformities for a period of twelve (12) months of the date when the product is delivered to you. Once discovered the defect or the non-conformity on the product, you shall promptly give EGGTRONIC written notice of any such product non-conformity or defect, in any case, within two (2) months by the date of the discovery.
8.2 If you are not a Consumer, EGGTRONIC warrants you that each product purchased on the Website will be free from defects and/or non-conformities for a period of twelve (12) months of the date when the product is delivered to you. Once discovered the defect or the non-conformity on the product, you shall promptly give EGGTRONIC written notice of any such product non-conformity or defect, in any case, within eight (8) days by the date of the discovery.
8.3 In case of applicability of the warranty you will have the right to restore the conformity of the goods free of charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract.
8.4 For any other information concerning the content of the abovementioned warranty and in the event that you discover a defect or a lack of conformity on products purchased from the Website during the validity of the warranty period, please visit the section “Help” or contact our “Customer Service”.
8.5 Except in the case of wilful misconduct or gross negligence, EGGTRONIC is solely responsible for direct and foreseeable damage at the time of the conclusion of the sales contract. EGGTRONIC will therefore not be liable for any losses suffered, lost earnings or any other damage that is not an immediate and direct consequence of our unfulfillment or that was not foreseeable at the time of the conclusion of the contract.
9. Dispute Resolution
9.1 These General Terms and Conditions shall be governed by the laws of Italy, except for the conflict of laws, and it is expressly excluded the enforceability of the Convention on Contracts for the International Sale of Goods. The disputes arising out of or in connection with these General Terms and Conditions shall be finally settled by the Court of Modena.
9.2 If you are a Consumer, you may take the proper legal actions before the Court of Modena or before the Courts of the country of the European Union where you are resident or domiciled. If you are a Consumer and you have your habitual residence in the European Union, you could benefit from the additional protections provided by the mandatory regulations of your country of residence.