The general terms and conditions that follow (hereinafter referred to as “Conditions”) govern the offer, the forwarding and the acceptance of purchase orders of the Products on the Internet website www.evaneth.com (hereinafter referred to as “Website”), between the Website’s owner and manager, SHEZEN srl (hereinafter referred to as “SHEZEN”), company established and governed by the Italian laws with its registered office in Via Toscana, 4, 56035 Lari(PI), Italia, VAT no. 01932760505, and the customer (hereinafter referred to as the “Customer”) whose residence can be in any country in which this Website is or will be active (hereinafter referred to as “Territory”).
In this document SHEZEN will be indicated with the name EVANETH, that is the brand name under which exerts the sales activities on the Website.
The Customer is obliged, prior to accessing the Products supplied by the Website, to read these Conditions which are generally and unequivocally accepted at the time of purchase.
These Conditions can be saved and/or printed and can be accessed from every page of the Website. These Conditions may at any time be subject of modifications. The applicable Conditions are those which the Customer accepts at the time of purchase.
The Customer, with the acceptance of these Conditions agrees and declares to be a consumer and to purchase the items of the Website solely for personal use and not for resale within the scope of other commercial or business activity of any nature. In order to safeguard its own rights EVANETH reserves itself the right to cancel any order that is considered abnormal, specifically those orders whose quantity and/or amounts are not in line with the requirements of a final consumer.
The Products offered for sale on the Website (hereinafter referred to as the “Product/s”) are described and presented with the greatest possible precision (Product code, technical specifications, images, composition, etc.). However, the Customer is asked to refer to the description of each available Product, clicking on each Product’s data-sheet, so as to know the properties and characteristics, with specific reference to the demanded characteristics, being the choice and the purchase of a Product under its own responsibility.
The charged prices are those reported on the Website at the moment of the order. evaneth.commits to ensure that the prices indicated on the Website are correct and updated.
In the event of error EVANETH will warn as soon as possible the Customer allowing the cancellation or the confirmation of the order at the correct amount. Will not prevail for EVANETH the obligation to provide what was sold at an erroneously indicated lower price.
Prices will be displayed in Euro (€) taxes included, and will be net of order’s shipment costs. The prices may change at any time. The changes will not affect orders for which has already been sent confirmation of the order.
Shipping and delivery costs will be charged to the Customer at the moment of the order.
If the Customer communicates not correct or incomplete data or in the case in which there is dispute about already forwarded payments, EVANETH will have the option not to activate or to suspend the service up to the resolution of the related faults.
On the occasion of the first request from a Customer for activation of a profile, EVANETH will attach to the same a username and a password. Customer acknowledges that these designations constitute the validation system of Customer’s access to the Website services and the only system suitable to identify the Customer and that the actions done by such access will be to him attributed and will have binding effect in its regard.
If the Customer should register to the Website with its own Social account, EVANETH will have access solely to the user’s e-mail address and name, provided by the Social application used for registration. The Customer will be able, in this case, to login to the Website both with the username created by EVANETH, and with the e-mail address and password of its own social account.
Creating an account will give access to a personal space on the Website that will allow, specifically, orders, password, delivery and billing addresses and wishlist management.
Any order placed on the Website implies the conclusion of a transaction contract in English language between the Customer and EVANETH. Orders placed by the Customer will be binding for EVANETH only after acceptance by EVANETH and further confirmation that EVANETH will send to the Customer by e-mail. EVANETH may at its discretion refuse an order or decide whether to partly or fully accept any changes requested by the Customer, on the condition that these requests arrive at EVANETH prior to shipment of the selected items.
The placing of the order by the Customer implies, for the same, an obligation to pay; this obligation is expressly accepted and recognized by the Customer.
The Customer is asked to select the Product/s chosen and to insert it/them in the shopping cart by clicking on “Add to cart”. The Customer is asked to consult the summary of its own order by clicking on the cart icon available on every page of the Website in the lower right. In any moment, the Customer can proceed to the elimination of each Product or increase and decrease the quantity of the ordered Product/s inside of the display page of the shopping cart.
At this point, the Customer can check the details of its own order, update the cart after changes to the quantity of the Products, validate Promotional Coupons/Vouchers, and encounter any mistakes and therefore correct them.
After validating the shopping cart by clicking on “Proceed to Checkout”, the Customer will need to enter its own email address and password in the case of registered user. In the case of the first order, the Customer has the possibility to create its own account, by filling in the appropriate registration form according to the procedures described in Article 4.
To complete the order, the Customer: • is required to confirm its own delivery and billing address, or indicate a different address of delivery and/or billing on the Territory; • is required to take conscience and vision of these Conditions, accepting them expressly, by clicking “I have read and agree to the website terms and conditions” before proceeding with the payment of its own order; • is therefore asked to proceed with the payment of the total amount of its own order by clicking on “Place Order” and therefore accessing the section relating to the payment procedure or by submitting the order to EVANETH if the selected payment method is bank transfer or cash on delivery.
The sale agreement between EVANETH and the Customer will be intended as finalized with the written confirmation of the order that must be sent to the Customer via email by EVANETH.
The Customer formally accepts the use of email as a tool for confirmation, from EVANETH, of the content of the order.
The availability of the Products refers to the actual availability at the moment in which the Customer places the order. This availability must still be regarded as purely indicative because, due to the effect of the simultaneous presence on the Website of more users, Products could be sold to other Customers before the confirmation of the order.
Also following the sending of the order confirmation email may occur cases of partial or total unavailability of the ordered items.
If one or more of the items in the order of the Customer would no longer be available (not only temporarily), EVANETH will have no supply obligation; in this eventuality EVANETH will notify the Customer of the unavailability of the ordered item/s and will refund any amount already received as payment of the price of the issued item/s.
Payment can be made by the Customer in the following ways: • with credit card/Pay Pal at the moment of the order; • with Bank Transfer to perform after placing the Order; • Cash on delivery (only for Italy);
Do note that EVANETH only accepts payments from bank accounts within the European Union (EU) and that the Customer is responsible for any costs associated with the transaction.
EVANETH uses a secure payment system for each order placed on the Website.
7.1 PROMOTIONAL COUPONS/VOUCHERS OFFERED IN PROMOTIONAL CAMPAIGNS
The promotional coupons/vouchers offered by EVANETH during promotional campaigns can be used for a limited period of validity. The promotional coupons/vouchers can be used only once in relation to a single order within the validity period. It is possible that for the purchase of certain Products to be excluded the possibility of using promotional coupons/vouchers. It is possible that the use of a promotional coupon/voucher to be subject to a minimum amount of expenditure.
The value of the purchased Products must be equal to or greater than the value of the promotional coupon/voucher. If the amount of the promotional coupon/voucher is not sufficient to cover the value of the ordered Products, the difference may be paid by any of the accepted payment methods referred to in the previous ART.7. The promotional coupons/vouchers will not be refunded if the Customer decides to completely or partly return the ordered Products.
7.2. PROMOTIONAL VOUCHERS CONVERTED FROM REFUNDS
The amount of a refund obtained as a result of a “Refund Request” can be converted into a Promotional Voucher, hereinafter referred to as User Promotional Voucher. The User Promotional Voucher can be used for a limited period of validity. The User Promotional Voucher can be used only once in relation to a single order, within the validity period. The value of the purchased Products must be equal to or greater than the value of the User Promotional Voucher. If the amount of the User Promotional Voucher is not sufficient to cover the value of the ordered Products, the difference may be paid by any of the accepted payment methods referred to in the previous ART.7. The value of the User Promotional Voucher may be refunded only to the Customer who has used it if he decides to partly or completely return the ordered Products.
Once the payment is made, the Customer has the possibility to modify its own order only if the order is marked as “Processing”.
The orders awaiting payment (with bank transfer or cash on delivery) can be canceled only if marked as “Pending Payment”.
If the order is marked as “Complete” is no longer possible to change or cancel it.
The status of each order is easily verifiable on the Website at the My Account/My Orders section. If the Customer requests the order cancellation, solving the contract, EVANETH will refund the amount already paid within 30 days starting from the moment in which EVANETH has knowledge of the Customer’s decision to terminate the contract.
The Customer also has the possibility to exercise its own right to receive the refund of the amount paid as a User Promotional Voucher as described at the ART. 7.2.
In any case, the Customer always has the possibility of exercising the right of refund, according to the procedure described below at the ART. 11.
The delivery of the purchased items will be made to the delivery address indicated by the Customer itself. Shipping costs and delivery times may vary depending on the Territory, with a maximum delivery period of 15 (fifteen) days from the date of the order confirmation email: in the case that the delivery would be delayed for reasons outside the reasonable control of EVANETH, the Customer will be notified of the new delivery date.
EVANETH has the right, at its sole discretion, to refuse, suspend or cancel the delivery or the fulfillment of any of the obligations which derive from the contract of sale undersigned with the Customer, in all cases of substantial non-compliance from the Customer, reported to obligations issued from previous or ongoing contracts of sale signed with EVANETH.
The Customer will be notified by email of taking charge of the delivery pack by the carrier as well as the indicative date of delivery.
If the delivery would become impossible due to the absence of the Customer on the provided site for delivery, the Customer will be contacted by e-mail in order to reprogram the delivery. As possible, a transit note will be left at the delivery address.
No delivery will be made by EVANETH if it proves impossible to the finalization of the payment.
At the time of delivery of the order, the Customer must check the conformity and the status of its own order in the presence of the courier and provide, where appropriate, any comment relating to apparent defects (missing Product, damaged package, etc.).
In the case of noticing of apparent defects, the Customer is asked to contact the Customer Service Department of the Website within fifteen (15) working days following the delivery of the Products. Unless justified reason, any complaint made outside of this term will not be taken into consideration.
In accordance with the ongoing legal disposals, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason within 30 calendar days starting from the day of receiving of the items by the Customer or by third person, other than the carrier, designated by the Customer himself.
In the event of multiple items purchased by the Customer with a single order and delivered separately, the period of 30 days starts from the date of delivery of the last Product in the order.
The Customer’s right to be refunded is considered to be properly exercised when there are fulfilled the following conditions:
• The returned Product must be returned to EVANETH, intact, not used, not ruined, stained or damaged; • The returned Product must be returned in the original packaging, complete in all its parts (including boxing, documentation and secondary equipment), equipped with the transport document found in the original pack, so as to allow EVANETH to identify the Customer; • If available an identification label of the Product, it must still be attached to the Product together with the warranty seal; • On the return box must be applied the label that contains the address of the EVANETH’s warehouse.
The return label will be available:
for shipments to Italy only: at the end of the Refund Request procedure, when the Customer notifies its own decision of withdrawal.
for shipments outside Italy: in the delivery package with the ordered items.
In the case where the above conditions would not be met, the Customer will not be entitled to reimbursement of the amount; however, the Customer will be entitled, at its own risk and expense, to have the item returned back to him. If the Customer asks not to get back the item, EVANETH will have the right to hold it together with the amount received from the transaction.
In the case of depreciation of the Product/s, due to a manipulation of the same, which is not strictly necessary to verify the nature, characteristics and the correct functioning of the Product/s, EVANETH reserves itself the right to refuse a refund or replacement of the Product/s. In any case, for health protection or hygiene reasons, EVANETH reserves the right not to accept the return of the Product/s.
In any case, unless they are faulty, for health protection or hygiene reasons, EVANETH reserves itself the right not to accept the return of particular categories of Product/s. In particular, in the case of sealed Product/s, EVANETH will not accept the return of the Product/s where their packaging is unsealed or any protective strip has been removed or damaged.
Considering the above exposed, the Customer can alternatively require, within the validity period, in the manner and under the conditions expected for the right of refund, the exchange of the Product with another Product available on the Website. The request for exchange of the Product implies renunciation of reimbursement. The exchange can be carried out with one or more Products of a value equal to or greater than the one it is replaced. In the case that the new Product/s has/have a higher price than the one originally chosen, the Customer must pay the difference, to be carried out in accordance with the detailed rules referred to in ART. 7, at the time of the exchange request.
In order to exercise its own right to be refunded, the Customer may notify its decision of withdrawal:
1. By returning directly the Product/s after completing the refund procedure that can be started on the Website in the section “My Account/My orders”, choosing the order, and then “Refund” for any of the Products in the order or “Refund for the entire order”.
2. By sending to EVANETH, via e-mail or postal address a declaration by which appears in an unequivocal way the will of withdrawal, on free paper or using the standard “Return Form” downloadable here. This declaration must be sent accompanied by information relating to the order number, items and quantity returned, as well as name, surname, email address and phone number of the Customer.
The returned Product/s must be shipped to EVANETH c/o SHEZEN srl, Via dell’Industria snc- Palazzo Velathri, San Pietro in Palazzi – Cecina, 57023 (LI) with a single shipment by courier within thirty (30) calendar days from the date of items delivery to the Customer.
For any other reason other than the exercise of the right to be refunded (non-consistent or damaged Product, error on the content of the order, etc.), the Customer is asked to take contact with the Customer Service Department of the Website, to provide them with the information necessary to clearly and explicitly clarify the reason for disputing. Once verified, EVANETH, will proceed with a new shipping depending on the availability of another Product or with the refund, at its own discretion and unquestionable decision.
Upon receiving of the returns, EVANETH will verify compliance with the above procedure and the timely implementation of all the above mentioned conditions. From the moment that the same conditions will be considered satisfactory, EVANETH will send the Customer an email message which confirms the acceptance of the return.
The refunds are made directly to the account of the payment method used when the order was placed. For payments made via Paypal or credit card, refund will be made on Paypal account or credit card. For payments by cash on delivery or by bank transfer, the refund will be made via the Bank account that the Customer will indicate to EVANETH during the “Refund Request”.
The Customer has also the possibility to receive the amount of the refund as User Promotional Voucher as described at ART. 7.2., that can be used for future purchases on EVANETH Boutique.
In the event of a partial refund of the Products, the shipping costs will not be refunded by EVANETH, since the Customer will have anyway benefited from the shipping service and delivery of the Products. The refund will be made within a maximum of thirty (30) days following the receiving of the Return Product/s to the EVANETH’s warehouses.
The timing of the refund of the amount (for payments by bank transfer and Paypal or credit card) will depend on the Customer’s Bank institution or Paypal and will not be in any way depending on EVANETH’s liability. The refund of the due amount will be made exclusively for the benefit of the Customer that made the payment.
As a result of the return of the items to EVANETH and received payment by the Customer, the contract of sale shall be considered canceled and all the related obligations, rights or claims will cease to exist equally.
The responsibility regarding the Products becomes entirely the responsibility of the Customer after the act of delivery. The property of the Products shall be considered acquired by the Customer just from the moment of receiving the full payment of all due amounts, including shipping, or at the time of delivery, if this happens in a second moment.
EVANETH will not be responsible for failing to fulfill its obligations if the incorrect implementation of the contract is due to force majeure or unforeseeable circumstances or to a fact attributed to the Customer or to an unpredictable and unsurpassed fact determined by third parties.
To purchases made on Website shall apply the rules of European Union for the protection of the consumer relating to warranty for defects and dissimilarity of Products.
EVANETH is responsible for any defect of the Products offered on the Website, including the non-conformity of ordered items with the received Products.
The Customer is asked to check the conformity of the Product/s received from its own order and, in case it is found a vice, to contact the Customer Service Department of the Website which will indicate the arrangements for the return/refund/exchange of the Product/s.
If the Product/s returned by the Customer does not match/correspond with the Product/s ordered and has/have an origin other than the Website, EVANETH will not be obliged to the obligations referred to in the ART. 15.
The processing of the contents of the Website, in addition to the sold Products is the exclusive property of EVANETH and is the only one to be empowered to use its intellectual property rights. The use of all or part of the Website – and specifically for download, reProduction, transmission, representation or distribution – for purposes other than those for personal and private use for commercial purposes or not, is strictly prohibited. The violation of these provisions is prosecuted for the purposes of law.
If the Share feature on Website should be used, it is acknowledged and agreed that any content provided in sharing should only be used as part of a purely personal use, excluding any commercial use on websites or pages and/or other digital media for commercial purposes.
The creation of hypertext links to the Website, cannot be made without prior written permission of EVANETH that, once granted, is revocable at any time.
Websites that have a hyperlink to the Website are not under the control of EVANETH, which, consequently, disclaims any liability related to access and content of such sites. EVANETH is free to modify, at any time and without notice, the contents of the Website.
These Conditions are governed by Italian law, unless other instructions that refer to the application of a foreign law. For any controversy will seek an amicable solution through the Customer Service of the Website. Otherwise, any disputes will be referred to the exclusive jurisdiction of the competent Court of the city of Livorno (Italy).
In the case in which one or more dispositions of these Conditions should be nulled, canceled, illegal or ineffective, this did not result in the total ineffectiveness of the Conditions. The ineffective disposition/s will be replaced with other valid disposition/s, in which is taken to account the contents of the same, in compliance with and within the meaning of the effective legislation.
Any request for information can be sent via email to the following address firstname.lastname@example.org, via phone +390586018672, by post address to the following address: EVANETH c/o SHEZEN srl Via Galileo Galilei – Palazzo Velathri, 57023 San Pietro in Palazzi – Cecina (LI), Italy.
Last update: 17/07/2019
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