Terms of service

Conditions of sale

GENERAL CONDITIONS OF SALE

Updated as of 01/09/2023

These conditions of sale govern the sale of products marketed on the energyfit.store website. All product purchase contracts concluded, via the energyfit.store website and according to the procedures indicated therein, between the seller and the Customer, will be governed by these General Conditions. By placing a purchase order on the energyfit.store website, the user declares that: a. be at least 18 years old; b. be resident within the Italian national territory; c. access the Site from the Italian national territory; d.
be a natural person acting for non-professional purposes and purchasing the product as a consumer (hereinafter the “Customer”). All published prices include VAT.



1 - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

1.1 Energy Fit is a registered trademark of Fonex s.r.l.

1.2 The contract stipulated between Fonex and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Fonex, which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated to the Customer in any way.
By placing an order in the various ways provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General and Payment Conditions transcribed below.

1.3 Once the online purchase procedure has been completed,
will print or save an electronic copy and, in any case, preserve these General Conditions, in compliance with the provisions of the articles. 3 and 4 of Legislative Decree no. 185/1999 on distance selling. 1.3 Any right of the Customer to compensation for damages or compensation is excluded,
as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance, even partial, of an order.



2 - PURCHASE METHODS

2.1 The Customer can only purchase the products available in the Energy Fit electronic catalog at the time the order is placed and viewable at energyfit.store, as described in the relevant information sheets. The technical information included on the energyfit website.
store faithfully reproduce those of the manufacturers of the goods included in the catalogue. Fonex, therefore, reserves the right to modify the technical information of the products to adapt them to that provided by the manufacturers, without the need for any prior notice.
It is understood that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics, and may differ in colour, size, accessory products present in the figure. All information supporting the purchase is intended as simple generic information material,
not referable to the real characteristics of each individual product.

2.2 Correct receipt of the order is confirmed by Fonex by means of a response via e-mail, sent to the e-mail address communicated by the Customer. This confirmation message will contain the order date and a 'Customer Order Number', to be used in any further communication with Fonex. The message presents all the data entered by the Customer who undertakes to verify its correctness and promptly communicate any corrections, according to the methods described in this document.
The Customer will also be able to check the status of his order by accessing the web area dedicated to him under "Order Status".

2.3 In the event of non-acceptance of the order, Fonex undertakes to promptly notify the Customer.

2.4 The Customer can request cancellation of the order by sending an email to info@energyfit.
it, until the same is not yet being prepared in the warehouse. The status is clearly visible in the "Order Status" section of your Personal Area. The order can no longer be canceled if the indication "in progress" appears.

2.5 All prices on the site are intended as public prices and, therefore, include VAT.
Fonex reserves the right to change prices at any time, without notice. In the event that an incorrect and/or clearly negligible price is published, for any reason, the order will be cancelled, even in the event of initial validation.

2.6 The products available at the time of the order can be purchased on the energyfit.store website.
Since the simultaneous access of many user-customers and the simultaneous possibility of "online" orders modify the availability of the product, Fonex does not guarantee the certainty of assignment of the goods ordered.

2.7 On certain products, subject to price promotions, Fonex reserves the right to accept orders by reducing the quantities, subject to communication and acceptance by the Customer, failing which the order will be considered cancelled.



3 - PAYMENT METHODS

3.1 Credit Card In cases of purchase of goods with credit card payment method, at the same time as the online transaction is concluded, the relevant banking institution authorizes the commitment of only the amount relating to the purchase made. The amount relating to the dispatched goods is charged to the Customer's credit card at the time of actual dispatch of the ordered goods.
The accepted credit cards are all those that rely on the Visa and Mastercard circuits. In the event of cancellation of the order, either by the Customer or in the case of non-acceptance by Fonex, the same will simultaneously request the cancellation of the transaction and the release of the committed amount.
Cancellation of the order is possible until it is still being prepared in the warehouse. The status of the order is clearly visible in the "Order status" area and can no longer be canceled if the indication "in progress" appears. The release times, for some types of cards, they depend exclusively on the banking system and can last until their natural expiry (24th day from the date of authorization). Once the cancellation of the transaction is requested, in no case can Fonex be held responsible for any damages, direct or indirect,
caused by delay in the failure to release the committed amount by the banking system. In the event that the Customer's order is still open after the 23rd day from the forwarding date, Fonex will still charge the Customer's credit card with the amount due, even if in advance of the physical delivery of the goods, in order to avoid the transaction authorization deadline (24 days). Fonex reserves the right to request from the Customer additional information or the sending of copies of documents proving ownership of the Card used. In the absence of the required documentation,
Fonex reserves the right not to accept the order. At no time during the purchase procedure is Fonex able to know the information relating to the buyer's credit card, as it is entered directly on the website of the banking institution that manages the transaction; as there is no data transmission, there is no possibility that this data will be intercepted. No Fonex computer archive contains or stores such data. Under no circumstances can Fonex be held responsible for any fraudulent or improper use of credit cards by third parties when paying for products purchased on energyfit.store.

3.2 Prepaid Credit Card In case of purchase with Prepaid Credit Card, the Customer enters the card identification numbers; at the same time as the online transaction is concluded, the relevant banking institution authorizes only the commitment relating to the purchase made.
The amount relating to the dispatched goods is charged to the Customer's credit card at the time of actual dispatch of the ordered goods. In case of cancellation of the order, either by the Customer or in the case of non-acceptance by Fonex, at the same time it will request the cancellation of the transaction and the release of the committed amount. Cancellation of the order is possible until it is still being prepared in the warehouse.
The status of the order is clearly visible in the "Order status" area and can no longer be canceled if the indication "in progress" appears. The release times, for some types of cards, depend exclusively on the banking system and can extend up to their natural expiry. Requested cancellation of transaction,
in no case can Fonex be held responsible for any damages, direct or indirect, caused by delay in the failure to release the committed amount by the banking system. At no time during the purchase procedure is Fonex able to know the information relating to the buyer's credit card, as they are typed directly on the website of the banking institution that manages the transaction; as there is no data transmission, there is no possibility that this data will be intercepted. No Fonex computer archive contains or stores such data.
Under no circumstances can Fonex be held responsible for any fraudulent or improper use of credit cards by third parties when paying for products purchased on energyfit.store.

3.3 PayPal In case of purchase through the PayPal payment method, upon completion of the order the Customer is directed to the PayPal login page. The amount relating to the order is debited from the PayPal account at the time the order is acquired. In case of cancellation of the order, either by the Customer or in the case of non-acceptance by Fonex, the amount will be refunded to the customer's PayPal account. Cancellation of the order is possible until it is still being prepared in the warehouse. The status of the order is clearly visible in the "Order Status" area and can no longer be canceled if the indication "in progress" appears. Requested cancellation of transaction, in no case can Fonex be held responsible for any damages, direct or indirect, caused by delay in the failure to release the committed amount by PayPal. At no time during the purchase procedure is Fonex able to know the Customer's financial information. Since there is no data transmission, there is no possibility that this data will be intercepted. No Fonex computer archive contains or stores such data. For each transaction carried out with the PayPal account the Customer will receive a confirmation email from PayPal.

3.4 Bank transfer

In case of purchase with bank transfer payment, the product reservation is registered in the warehouse when the payment is legible to our operators (generally on the second day following payment). The reason for the transfer must include the order identification number, which is communicated by the system when the order is sent.
We recommend our customers to send us the account of the payment made, to the email address info@energyfit.com, in order to be able to promptly commit the supply to the warehouses. In the following three days, orders for which the bank transfer is not made are automatically canceled by the system.
In the event of cancellation of the order, either by the Customer or in the case of non-acceptance by Fonex, the amount will be refunded by bank transfer. Cancellation of the order is possible until it is still being prepared in the warehouse.
The status of the order is clearly visible in the "Order status" area and can no longer be canceled if the indication "in progress" appears.

Current account current account INTESA SAN PAOLO HOLDER: Fonex S.r.l. IBAN IT72C0306946323100000009637

BIC BCITITMM

REASON: Order number XXXXXX

4 - SECURITY OF TRANSACTIONS
Fonex uses the secure payment service which involves the use of the SSL security protocol. Confidential credit card data (card number, owner, expiry date, security code) are acquired directly from the Bank's website therefore it never has access to and does not store the credit card data used by the user to pay for the products.



5 - DELIVERY METHODS

Fonex can only accept orders for delivery within the Italian state.
Fonex does not ship to Mail Boxes, post offices, post office boxes and to companies that provide domiciliation services. For each order placed on energyfit.store, Fonex issues a purchase receipt (equal to a receipt) or invoice for the material shipped. For issuing the tax document, the information provided by the Customer at the time of the order is valid. After issuing the document itself, no changes will be possible. Shipping costs are borne by the Customer and are explicitly highlighted at the time the order is placed.
They are subject to possible surcharges for particular conditions (limited traffic areas, difficult to reach or peripheral areas). Payment for the goods by the Customer will take place using the method chosen at the time of the order. No additional expenses or commissions are due to Fonex.
Delivery of the ordered goods is intended on board the truck, unless otherwise specified. The goods travel with packaging made directly by the manufacturer or in customized boxes. The delivery times of the goods ordered are purely indicative and are published in the appropriate table under "approximate delivery times"; the same may be subject to variations due to force majeure or due to traffic conditions and road conditions in general or by act of the Authority. Standard delivery will take place at the following times: from 9.00 to 18.00, every day, except holidays, from Monday to Friday.
No responsibility can be attributed to Fonex in the event of a delay in processing the order or delivering the ordered goods. Upon delivery of the goods by the courier, the Customer is required to check:

that the number of packages delivered corresponds to what is indicated on the receipt or transport document;
that the packaging is intact, not damaged, wet or otherwise altered;
that no closing materials other than personalized tape have been used.
Any external damage or mismatch in the number of packages must be immediately reported to the courier carrying out the delivery,
by affixing the words "withdrawal with reserve for damaged package", or "withdrawal with reserve for open package" or "withdrawal with reserve for missing packages" on the appropriate accompanying document. It is also required to open an anomaly file by filling in the appropriate "contacts" section on the home page,
by completing the mandatory fields and entering the communication "I have received a visibly damaged or tampered with" or "Some products I ordered are missing" in the request field. Once the courier document has been signed, the Customer will not be able to make any objections regarding the external characteristics of what was delivered.
Even if the packaging is intact, the goods must be checked within eight calendar days of receipt. Any hidden damage or anomalies must be reported in writing by registered mail with return receipt to Fonex whose address is specified on the accompanying document.
It is also required to open an anomaly file by filling in the appropriate "contacts" section on the home page, completing the mandatory fields and inserting the communication "The box is intact, but the products inside are damaged". Any report beyond the aforementioned deadlines will not be taken into consideration. For each statement, the Customer assumes full responsibility for what is declared. 5.1 Delivery by express courier

Standard delivery will take place at the following times: from 9.00 to 18.00, every day, except holidays, from Monday to Friday excluding national holidays in Italy. The courier makes the first delivery without notice.
In case of absence of the Customer, the courier leaves a notice and attempts delivery again within the following 24 hours; in case of further absence, a notice is left again and the shipment is placed in storage. The Customer will be contacted by Fonex to define the delivery details.

5.2 Redelivery by appointment In the case of redelivery by appointment, the courier makes a first delivery attempt. If this is not successful, the Customer is contacted by telephone by the courier to arrange a new delivery and the relevant time slot (morning or afternoon).
Delivery will take place at the following times: from 9.00 to 18.00, every day, except holidays, from Monday to Friday.



6 - PROCESSING AND DELIVERY TIMES

6.1 Order processing times "Order processing times" means the time interval that passes from receipt of the order to delivery of the product to the courier.
All orders containing products available in stock, for which payment confirmation has been received by 12.00 on a working day, are entrusted to the courier in the evening of the same day.

6.2 Express courier delivery times The table below shows the indicative delivery times expressed in hours,
in cases of delivery by express courier from the moment the shipment is taken over by the courier (collection of the shipment at our Logistics Center by the courier).
The other types of delivery ("Redelivery by express courier by appointment" or "Delivery to the floor by appointment") require telephone contact with the courier to define the moment of provision of the service. The Customer will be contacted by the courier to define the delivery details.
Delivery via express courier will take place within 3/5 working days following receipt of payment, except in particular cases (natural disasters, floods, earthquakes, strikes, sociopolitical events, etc.).
The other types of delivery ("Redelivery by express courier by appointment" or "Delivery to the floor by appointment") require telephone contact with the courier to define the moment of provision of the service. The Customer will be contacted by the courier to define the delivery details.



7 - DELIVERY COSTS

7.1 Delivery costs by express courier The delivery cost is calculated automatically based on the weight of the products purchased, includes insurance of the goods during transport and is clearly indicated at the order stage. The costs indicated are valid for the entire Italian territory.
Free shipping for orders over €29.90.



8 - RIGHT OF WITHDRAWAL

8.1. In compliance with the provisions of the Consumer Code, as amended by Legislative Decree no. 21/2014, the Customer who holds the status of consumer and, therefore, the natural person who acts for purposes unrelated to professional activity,
has the right to withdraw from the purchase contract, no later than fourteen days from delivery, or from the day on which the Customer himself or a third party designated by the latter acquires physical possession of the purchased goods. The conditions and procedure for exercising this right will be specified in the following paragraphs.

8.2 The Customer who intends to exercise the right of withdrawal referred to in the previous paragraph must fill in the appropriate "returned item" section within their personal area, in the orders section, choosing the product, the quantity and specifying the reason for the return. In any case, it remains
right of the Customer to communicate by ordinary mail, registered mail, fax, email or any other form of communication, his/her desire to exercise the right of withdrawal, within the terms established by law. Energy Fit Customer Service will take charge of the request and open the case in the Customer's Personal Area.
Once the withdrawal declaration has been received, Fonex will send the Customer an email confirming receipt with the return form (RMA form) attached, complete with authorization number, which must be attached to the outside of the package relating to the product to be returned.
The user must return the Products to Fonex using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to Fonex his decision to withdraw. The return deadline is respected, if you send back the Products before the fourteen day period has expired. The Product, appropriately protected and packaged, must be returned to the following address: Fonex S.r.l. Via dell'Artigianato, 2- 4 12040 Sant'Albano Stura (CN) 9.
Once compliance with the conditions has been verified, Fonex will refund the cost of the product to the Customer within 14 days of receiving the notice of withdrawal, without prejudice to the right to withhold the refund until the date of return of the product to its warehouses.
The refund will take place using the same methods used by the Customer for the purchase or, if specifically requested, via credit card transfer, PayPal refund or bank transfer.

8.3 The right of withdrawal is subject to the following mandatory conditions: The Customer can exercise the right of withdrawal only and exclusively with regard to the entire product; it will not be possible to exercise withdrawal only on part of the purchased product. The purchased product must be returned in its original packaging, complete with all accessories and its documentation. The product must be returned in perfect condition, products showing signs of damage, wear or dirt will not be accepted. The shipment for the return of the product will be under the responsibility of the Customer, until Fonex confirms receipt of the product. In the event that the product suffers damage during its return to the warehouses, Fonex will be responsible for communicating the incident to the Customer to allow him to file a complaint against the courier he has chosen and obtain a refund of the value of the goods,
if this is insured; therefore, Fonex will make the product available to the Customer, canceling the withdrawal.

8.4 The right of withdrawal expires if the Customer does not return the goods to Fonex within 14 days from the date on which the withdrawal was communicated.
The deadline is considered respected if the Customer sends the goods before the expiry of 14 days. The right of withdrawal also expires in the event of a substantial defect in the returned product (lack of internal packaging and/or documentation and/or original packaging from the manufacturer; absence of integral elements and accessories of the product;
damage; unsuitable state of return) and in general in case of failure to comply with the conditions. In all cases of forfeiture of the right of withdrawal, Fonex will return the goods to the Customer who will not be entitled to any refund.



9 - WAIVER OF PURCHASE
Please note that the Customer has the right to reject the goods upon delivery. Please note, however, that upon issuing the refund credit note, in the event of advance payment (credit card, PayPal, bank transfer), the shipping costs will be reversed up to the delivery address and returned to the sender. Therefore,
Only the amount of the product will be refunded, net of return shipping costs.



10 – GUARANTEES

10.1 Legal guarantee All products marketed by Fonex are covered by the 24-month legal guarantee* for defects of conformity, pursuant to art. 129) of Legislative Decree no. 206/2005 (Consumer Code).
By virtue of the legal guarantee, Fonex is responsible towards the Customer for any lack of conformity existing at the time of delivery of the product, as provided for by the art. 130 of Legislative Decree no. 206/2005 and within 24 months* from the date of purchase.
The lack of conformity exists when the product is not suitable for the use for which it is intended, does not conform to the description or does not possess the qualities and/or performances promised by the seller and typical of the product sold, or to the specific qualities and performances requested by the Customer when this has been the subject of a specific agreement between the parties. The reporting of the lack of conformity (art. 132, 1st paragraph), which occurs within the validity period of the legal guarantee (24 months*), must be made, under penalty of forfeiture,
within two months from the date of discovery (art. 132, 2nd paragraph). In the event of a lack of conformity, the Customer has the right to ask the seller, at his choice and without charge, to repair or replace the goods, unless the requested remedy is objectively impossible or excessively onerous (Art. 130, paragraphs 3 and 4).
Repairs must be carried out within a reasonable period and, in any case, within sixty days, after which the Customer will have the rights referred to in the art. 130, paragraph 7); the seller, after reporting the lack of conformity, will be able to offer the Customer the remedies referred to in paragraph 9) of the art. 130, with the effects referred to in letters.
a and b) of the same provision. Pursuant to the 3rd paragraph of the art. 132, the defect that occurs within six months of purchase is presumed to exist on the aforementioned date and the Customer has the right to have the conformity of the goods restored, without charge, by repair or replacement (art. 130). To benefit from assistance, the Customer must keep the invoice or receipt that he will receive together with the purchased goods. The Customer will always be able to download the invoices or receipts relating to their purchases from the energyfit.store website by accessing the reserved area. If, following intervention by an Authorized Assistance Centre, should not result in a lack of conformity pursuant to Legislative Decree no. 206/2005 (Consumer Code), the Customer will be charged for any verification and restoration costs requested by Authorized Assistance, as well as transport costs if supported by Fonex.

*: batteries have a 6 month warranty from the date of purchase.



11 - COPYRIGHT AND DATABASE RIGHTS

All content present or made available on the energyfit.store website in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software, are the property of Fonex or its content suppliers and are protected by copyright and database rights laws.

It is possible to request information, send communications or forward complaints to Fonex S.r.l. by post to the address Via dell'Artigianato, 2-4 12040 Sant'Albano Stura (CN), Tax code and VAT number 03737810964, or by e-mail at info@fonex.it

Fonex will respond to complaints by e-mail or post within a maximum of 5 working days from receipt of the request



12 - JURISDICTION AND APPLICABLE LAW
The sales contract between the Customer and Fonex is intended to be concluded in Italy and regulated by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is that of the reference court of your municipality of residence.



13 - CHANGES TO THESE GENERAL CONDITIONS

The General Conditions contained in this document may be modified by Fonex without notice and will be valid from the date of publication on the energyfit.store website. Pursuant to and for the purposes of art. 1341 c.c., the Customer declares to have carefully read the General Conditions reported above in all relevant points and, after careful re-reading, to have expressly accepted all the clauses