TERMS AND CONDITIONS

GENERAL CONDITIONS OF SALE

AND USE OF THE SITE

www.enten-eller.com

1. Scope of
2. These general conditions govern:
3. a) the sale and supply of products available on the website https: // www.enten-eller.com ;
4. b) the conditions of use and navigation on the site.
5. By using the services available on the Site www.enten-eller.com , the user accepts the following conditions of sale and the general conditions of use of the site, including the Privacy and Cookie Policies (hereinafter collectively referred to as the " Agreement ") and the further recalled through the links contained in this page or in the communications sent to the Customer.
6. These terms of service comply with the general sales provisions and the specific provisions contained in the Legislative Decree 206/2005 (Consumer Code), in Legislative Decree 70/2003 (Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services, in particular electronic commerce, in the internal market), in the Legislative Decree 196/2003 (Code regarding the protection of personal data) and in the EU Regulation no. 679/2016 (GDPR).
7. If you do not intend to accept the terms and conditions contained in the following Agreement, the user is invited to leave the site immediately.
8. Service Provider
9. All the services described below are offered by the company called E.GI. SRL . (hereinafter "E.GI.") , CF 01421200435, registration number REA MC-150896, with registered office in Via Pianello, 21 62020 Sant'Angelo in Pontano (MC), PEC egisrl1@pec.it , email e. gi.srl@servili.it, fully paid-up share capital of € ____________.
10. Through the site https://enten-eller.com/ customers can purchase clothing and accessories (eg scarves, etc ...) provided by E.GI.

GENERAL CONDITIONS OF SALE

III. Availability of products

1.The products will be available according to the quantities specified on the site.

2.E.GI. undertakes to keep the site updated and to indicate in real time, by means of a counter " counter ") the approaching exhaustion of its products. Where this is not possible, the User declares to understand and from now on accept that the possible exhaustion of the products may be reported by E.GI .:

1. a) before the order confirmation, indicating that it is impossible to add the product to the Cart, as it is out of stock;
2. b) after the order confirmation or the payment of the product. In these cases E.GI. will promptly contact the Customer to inform him of the longer foreseeable waiting times for the delivery of the ordered product or of the impossibility of supplying it. In case of impossibility to proceed with the supply, E.GI. may propose to the Customer any products present in stock, of the same type or value. Where the Customer accepts the replacement products, E.GI. will send communication with updated products. In case of refusal to replace, E.GI. will reimburse, within the technical time necessary to carry out the operation, any sums already paid for products ordered but not available.

3.The products supplied through the site are available for delivery on the national territory by GLS courier (with exclusions and limitations of the courier) and abroad with GLS courier.

1. Order, order confirmation and shipping confirmation

1.The information on the site does not constitute an offer to the public. The contract between the Customer and E.GI. will be perfected only when, after receiving the order and sending the order confirmation, E.GI. will communicate to the Customer, also through third parties, the acceptance of the contractual proposal.

2. In particular, the Customer, browsing the site can choose the products he intends to purchase and proceed with the execution of the " Order" , after having entered the same in the "Cart". The order is only an invitation to conclude a contract.

3.By browsing the page dedicated to the Shopping Cart, the Customer can check the summary data of the Order and decide whether: a) to continue with the purchase; b) correct any errors; c) cancel the Order. If he decides to continue with the purchase, by clicking on the " Checkout " button, the Customer will be redirected to the page dedicated to the choice of payment methods. Payment can be made directly on the site or on platforms external to the site managed by E.GI ..

4. Once the payment has been made, E.GI. will send the Customer an email containing the " Order Confirmation" , where all the details of the Order will be indicated (products, quantity, unit price, method and date chosen for the delivery of the products, shipping address, billing data and other information entered by the Customer). The Order Confirmation does not yet constitute acceptance of the Customer's contractual proposal.

5. Having verified the payment and availability of the requested products, E.GI. (or the courier in charge of shipping) will send the Customer an email containing the " Shipping Confirmation" which will constitute, for all legal purposes, acceptance of the Customer's contract proposal and will determine the actual moment of conclusion of the contract. The shipping confirmation will be considered sent even if made directly by the courier in charge. In the shipping confirmation E.GI. (or possibly the courier in charge) will indicate the expected delivery date, the number to contact to agree on certain delivery methods or days and other useful information.

6.The Customer acquires ownership of the products when he receives the Shipping Confirmation; the transfer of risk will instead take place at the time of delivery of the products.

7.E.GI. reserves the right, as long as the Shipping Confirmation has not been sent, to refuse, for any reason, the order received without the need to provide any justification.

1. Delivery

1.E.GI. undertakes to deliver the products purchased by the Customer within 30 days of sending the Shipping Confirmation or on a different date indicated or agreed with the Customer. Any delays in delivery, if not attributable to E.GI. or if dependent on the particularities of the delivery methods chosen by the Customer or in the case of locations that are difficult to access, they will not give the right to refunds.

2. Delivery is understood to be made when the Customer or his / her delegate materially learns the products, possibly by signing the delivery note. The delivery will also be considered carried out at the time of sending, in the case of previous unavailability attributable to the Customer, of a communication containing an indication of the place where the purchased products are stored and the methods by which the Customer can proceed with the withdrawal of the same.

3. The products are delivered from Monday to Friday, from 9 to 18, by courier. If agreed and possible, the products can also be collected at an E.GI.

4.Where it is not possible to make the delivery, the products will be left in a warehouse, including the courier, or in a place chosen by E.GI., which will send due notice to the Customer with an indication of how to make the withdrawal. It is the Customer's responsibility to promptly report the inability to receive the products on the date indicated in the Shipping Confirmation or on a different date indicated by E.GI.

5.In the event of the Customer being unavailable after 30 days or his refusal, even tacit, to receive or collect the products shipped, E.GI. reserves the right not to reimburse the sums paid, to pay all costs incurred (shipping, courier, legal costs, etc.) to the Customer and to sell the products to third parties. This is without prejudice to the provisions of the article dedicated to Withdrawal.

1. Price and payment

1.The price of the products is indicated on the site as a unit, including the Value Added Tax (VAT). Shipping costs, except in special cases that will be adequately reported to the Customer, are charged to E.GI. All prices are subject to change.

2.If an invoice is requested, E.GI. will do so by the last day of the month in which the payment was made.

3.In case of incorrect indication of the price of a product on the site, E.GI. will inform the Customer, who can decide whether to continue with the purchase by paying the new price, or to renounce.

4.Customers will be able to pay the price of the products through Shopify Payments or Paypal channels, possibly by redirecting the site www.paypal.com . Payment in the manner indicated above takes place upon acceptance of the terms of service of the individual providers, which will in no way be opposable to E.GI.

5. To proceed with the payment, Customers must follow the instructions provided by the site accessible from the "Shopping Cart" page.

VII. Withdrawal

1.The Customer qualifying as a Consumer pursuant to art. 3 of Legislative Decree 206/2005 may exercise the right of withdrawal within 14 days of delivery of the products, without having to indicate the reasons and without being required to pay any penalty.

2.The withdrawal must be exercised with written communication sent to the registered office or to the certified email address of E.GI. The use of any form or formality is not required, as the unequivocal manifestation of the will to exercise the right of withdrawal is sufficient. If necessary, the Customer may use the model of the letter of withdrawal made available at this link.

3.In the event of withdrawal, the Customer acknowledges that: a) early withdrawal from the contract may be exercised, without having to provide any reason, by communicating this will by registered mail with return receipt to be sent to the registered office of E.GI . or by Certified Electronic Mail (PEC) to the address indicated in this document; b) for the purposes of completion, the withdrawal deadline will run from the day of delivery of the products; c) the right of withdrawal cannot be exercised in respect of services that have already been performed and for which the term of 14 days from delivery has elapsed.

4. Once the withdrawal request has been made, E.GI. will refund the price of the products and delivery costs (only if standard). The refund may be suspended until they are returned to E.GI. products. E.GI. will not proceed with any refund if the product has been used, excluding simple opening, and in the event that the products are not returned in the same condition in which they were delivered to the customer or have been damaged. The products will be returned according to the procedures set out in art. VIII.

5.The non-consumer Customer may withdraw within the terms set out in art. 1373 cc and only if the contract did not have a principle of execution.

6.E.GI. reserves the right to withdraw from the contract, without having to provide any justification, within 30 days of sending the Shipping Confirmation, by sending written notice to the Customer. In this case, the prices of the products and the delivery costs will be reimbursed.

VIII. Returns, size changes and defective products

1.The Customer qualifying as a consumer may return the products by shipment, courier or delivery to the point of sale or other place indicated by E.GI.

2. The Customer must include in the package the original wrapping or packaging and any other documents accompanying the products.

3.Shipping, delivery to the courier or to the point of sale or other place indicated by E.GI. it must imperatively take place within 14 days from the manifestation of the desire to withdraw. The costs of returning the products will be borne by the customer.

4. For the non-consumer Customer, product returns can be made according to the methods agreed by E.GI.

5. The Customer may request a size change as long as the product is returned in the same condition in which it was delivered and is not damaged or already used. The right to change size is strictly conditional on the presence of the requested item in E.GI.

6.The request for a change of size must be made in writing with an indication of the desired size. In this case E.GI. will communicate to the customer the presence of the requested product and the delivery terms.

7. The Customer must return the products for which he requests the size change according to the return methods indicated in this article. The delivery costs of the products to be replaced may be charged to the Customer in the event of a request for non-standard delivery of the new products.

8.In case of delivery of products with defects, the Customer must immediately contact E.GI. and report the nature of the damage. E.GI. will communicate to the Customer the methods of delivery of the products, including the original wrapping or packaging and any other document accompanying the products, and will proceed to verify the presence of defects or damage within 15 days of receipt of the products. The delivery costs of the defective products will be fully borne by E.GI. only if the damage is not attributable to the Customer.

9. Having verified the nature of the damage, E.GI. will notify the Customer if it intends to replace the products or refund the amount paid, also including delivery costs.

10. E.GI. reserves the right, in case of damage clearly attributable to the Customer, not to reimburse the amount paid by him for the purchase.

CONDITIONS OF USE OF THE SITE

1. Site navigation and customer obligations

1.Surfing on the site is free for everyone. The registration and use of the related services offered by the website presuppose the indication of mandatory and non-mandatory data. By registering, users will be able to view and request information on products, on the status of orders placed and their billing, as well as on their data.

2.The Customer who intends to proceed with the purchase of the products advertised on the site must enter certain personal data so that E.GI. can proceed with the completion of the contract and with the due invoicing. The Customer accepts as of now that the contact data entered can be used by E.GI. to send promotional communications of new products or promotions.

3. Browsing, registering and purchasing products on the site implies full acceptance of these general conditions of sale and use of the service, as well as the attached information on Privacy and Cookies. Additional boxes may be requested to give consent to particular processing of personal data.

4.Customers are obliged to provide up-to-date and truthful personal data. The purchase on behalf of third parties can only take place with the prior express consent of the interested parties.

5.All Users, who browse or make purchases, undertake to use the Site in such a way as not to cause damage, interruptions or malfunctions to it and to its functionality; for illegal purposes or not permitted by law; to commit criminal activities or in order to cause disturbance, harassment or prejudice, of any kind and nature, to other Users or third parties. They must use the services offered with good faith and the specific diligence required by law and are required to pay any fees due.

6. By way of example, the User undertakes to:

- not to communicate, publish, send or disseminate illegal, harmful, abusive or harassing content or to hold further conduct of the same kind and nature;

- not to communicate false information regarding one's identity or profession nor to use information that is not owned by the User;

- not to communicate, publish, send or disseminate spam, chains of St. Anthony, junk emails, pyramid sales schemes or other unsolicited or requested material;

- not to cause damage or nuisance to other Users or third parties, using or not using the services offered by the website;

- do not use vulgar, offensive or contrary to morality language;

- not to carry out webscraping activities on the contents and materials published on the site;

- not to reproduce, copy, transform, distribute or disclose the information, content or material published on the site without the prior written consent of E.GI. or third parties who own the intellectual and industrial property rights of the same;

- do not use the site with the awareness of not wanting to comply with the rules set out in these general conditions.

7.E.GI. undertakes to offer the services with the diligence required by law and according to the technical specifications indicated in this agreement, guaranteeing a level of professionalism appropriate to the performance required, according to the rules of art.

8. Any abuse or violation committed by any User to the provisions and rules contained in these general conditions or in its annexes, will result in the adoption of the most appropriate measures and measures to eliminate the abuse or violation considered illegal, repairing the situation of illegitimacy procured.

1. IX . Information pursuant to Legislative Decree 70/2003
2. In accordance with the provisions of Legislative Decree 70/2003, E.GI. declares that the contract relating to the sale of the products advertised on the site is concluded electronically according to the stages indicated below:
3. a) choice of products and inspection of prices;
4. b) placing the selected products in the "Shopping Cart";
5. c) access to the "Shopping Cart" page and view the page containing a summary of the order placed, with indication of unit prices, taxes and charges and shipping costs corresponding to the methods chosen by the Customer;
6. d) selection of the " Checkout " function by clicking on the appropriate button;
7. e) entering the data required to allow the order to be processed and choosing the payment method;
8. f) selection of the " Place order " function by clicking on the appropriate button; after clicking this button, the Customer will have entered the "Order";
9. g) payment of the price, possibly by redirecting to the website of the provider of the related payment service;
10. h) sending to the email address indicated by the Customer a communication containing a summary of the order entered and the costs, including shipping costs ("Order Confirmation");
11. i) sending by E.GI. o the courier of an e-mail containing the estimated delivery date and any information for tracking the order (" tracking "); this email constitutes the "Shipping Confirmation". The contract will be considered finalized at the time of sending this communication pursuant to art. 1326 cc
12. The sending of the order, the payment of the price and the use of the site imply the full and unreserved acceptance of these conditions, of the vexatious clauses included in them and of all other contractual documents attached or connected.
13. All information relating to the conclusion, execution and termination of contracts is made available to customers in Italian or English.
14. The documentation relating to contractual relationships with customers is stored in digital format on the company's servers.
15. Limitation of Liability
16. The website is provided "as is" and the User declares to know and accept that the use of the site, the contents and the material published is at his own risk.
17. Within the limits established by current legislation, the User declares to guarantee, indemnify and hold harmless E.GI. , its employees, collaborators and partners from any compensation obligation, regardless of the nature and title of the same, that may arise to third parties in relation to the use of the site.
18. Without prejudice to the cases set out above and the mandatory limits of the law in the case of willful misconduct or gross negligence, any further liability of E.GI. , of any nature, contractual or extra-contractual, direct or indirect, for any damage of any kind that may arise from the use of the website and the services it promotes and offers or the products sold.
19. E.GI. undertakes to deliver products that comply with the provisions of the sales contract, provided they comply with the description and possess the qualities presented on the site; are suitable for the use for which they are normally intended; show normal quality and characteristics for products of the same type. Within the limits of the law, E.GI. excludes all guarantees, except for those that cannot be legitimately excluded from consumers.
20. The Customer declares to understand and accept that the typical characteristics (eg grain) or techniques of certain materials or prints used for the production of the articles advertised on the site cannot be considered imperfections.
21. E.GI. declines all responsibility for any prejudice or damage suffered by Users in relation to the inability to use the website or to the suspension and discretionary interruption of the same; the failure or defective functioning of the electronic equipment of Users or third parties; to the erroneous or inaccurate content of the information indicated on the site and owned by E.GI. or other third parties.
22. The User declares to know and accept that E.GI. can not in any way be held responsible for the operation or content of third party websites, third party content, material published by external resources that are published via hyperlink on the website https://enten-eller.com, and on which the User has relied.
23. The Customer declares to understand and accept that the responsibility of E.GI. may, if present, be limited exclusively to the purchase price of the products.
24. Intellectual property

1.The website https://enten-eller.com/ and all its contents, materials and advertised products, unless otherwise specified, are the exclusive property of E.GI. and are protected by current legislation on intellectual and industrial property.

2. The User declares to know and accept that in no case will he be able to use trademarks, commercial names, denominations, analogical or digital contents, informative or advertising material without the prior written consent of E.GI.
3. The communication by the User of any content or material, regardless of its nature, presupposes the concession to E.GI. a perpetual, irrevocable license of use, without territorial limits, free of charge and transferable of copyright and other industrial and intellectual property rights.
4. The website may contain trademarks, trade names, names, analogue or digital content, information or advertising material of intellectual or industrial property of third parties. The User declares to know and accept that such contents are published with the prior consent of such third parties and undertakes not to use them without respecting their intellectual and industrial property rights, even if not specified.
5. Any abuse or violation will be prosecuted according to the law.

XII. Processing of Personal Data

1. User data will be processed according to the Privacy Rules specified in this Link.

XIII Applicable Law and Dispute Resolution

1. This agreement is governed by Italian law.
2. In the event of disputes relating to the conclusion, interpretation, execution and termination of contractual relationships, the Court of Macerata will be exclusively competent.
3. The competent court for disputes that may arise regarding the interpretation, execution and dissolution of the contracts concluded by the consumer user is the one where the consumer has his residence.
4. In accordance with the provisions of European legislation, Fomo informs that each consumer user can agree on the devolution of the disputes indicated above to Alternative Dispute Resolution Bodies (ADR) as identified by art. 141 - bis of the Consumer Code. He can also use the European platform for the online resolution of disputes (the so-called ODR platform), available at the address http://ec.europa.eu/consumers/odr/ , where it will be possible to consult the list of Alternative Dispute Resolution Bodies and find the contacts of the Bodies.
5. The complete information on ADR - ODR procedures can be found at this Link.

XIV. Final Provisions

1. E.GI. reserves the right to modify these general conditions at any time, by giving information in a specific section of the website with an indication of the new term of validity of the same. It is the User's responsibility to periodically check that the general conditions of use of the site have been updated, which will be considered known and accepted after the deadline indicated therein.
2. Only the Customer is prohibited from transferring or assigning in any way the contract, or any of the rights or obligations deriving from it, without our prior written consent.
3. Any omission or delay in the fulfillment of an obligation or in the exercise of a right or action will not constitute a waiver of such obligations, rights or actions and will not release the Customer from the fulfillment of the related obligations.
4. These terms of use of the service cancel and replace any previous understanding or agreement.
5. The ineffectiveness, invalidity or nullity of a clause will not result in the invalidity of the other articles which must be considered valid and effective.
6. Any information, communication and complaint relating to the content of these conditions or the use of the site, its contents or material, or the services offered by E.GI. can be addressed to the email e.gi.srl@servili.it.
7. These conditions are effective for all users with effect from the date of formation of this agreement indicated at the bottom.