General Terms and Conditions with Customer Information
- Language, input correction, email
- Conclusion of contract
- Right of cancellation
- Prices and conditions of payment
- Conditions of delivery and shipment
- Right of retention and offset
- Retention of title
- Liability for defects (warranty)
- Rights to software
- Applicable law
- Legal venue
- Information on online resolution of disputes
1) Scope of application
1.1 The contractual partner for all contracts concluded via the Revolution Pi Shop is:
Strada Casale, 175
36100 Vicenza, Italia
1.2 These General Terms and Conditions (hereinafter “T&Cs”) of Ensys srl (hereinafter referred to as “Vendor”), apply to all contracts concluded by a consumer, entrepreneur or merchant (all hereinafter referred to as “Customer”) with the Vendor regarding the goods and/or services displayed in its Online Shop.
1.3 A consumer within the definition of these T&Cs is any natural person whose main purpose in concluding a legal transaction is not connected with their commercial or freelance occupational activities. An entrepreneur within the definition of these T&Cs is any natural or legal person or joint partnerships with legal capacity, who/which conclude legal transaction in the course of practising a commercial or a freelance occupational activity.
1.4 All quotations, purchase agreements, supplies and services made by way of purchase orders placed by the Customer through the Pro Pi Online Shop are exclusively subject to these T&Cs. The Vendor hereby explicitly repudiates the inclusion of the Customer’s own purchasing conditions. Agreements that are alternative, contrary or supplementary to these T&Cs shall only then ever apply, if – and only for the individual case in question – the Vendor has confirmed them in writing at the time of the conclusion of contract. This approval requirement applies in any event, including, for example, the Vendor makes the delivery without reservation whilst in the knowledge of the Customer’s purchasing conditions.
2) Language, input, correction, email
2.1 Contracts with the Customer shall be concluded only either in the Italian or English language, depending on whether the Customer places their purchase order via the Italian or English language version of the online shop. If the Customer’s purchase order is placed via the Italian version of our website, the Italianversion of these General Terms and Conditions shall apply accordingly. If the Customer’s purchase order is placed via the English, German or Spanish version of our website, only the English version of these General Terms and Conditions shall apply.
2.2 Prior to the binding submission of the purchase order by means of the Vendor’s online order form, by using the standard keyboard and mouse functions, the Customer may correct the information provided at any time. All the information entered will also displayed once more in a confirmation window prior to the binding submission of the purchase order, from where it can be corrected using the standard keyboard and mouse functions.
2.3 Order processing and contact is usually performed by email and an automatic order processing system. The Customer must ensure that it has submitted the correct email address for processing the order; emails from the Vendor will be sent to this address. When using spam filters, the Customer must ensure that these are configured so as to enable the delivery of emails from the Vendor or other parties used by it in connection with processing the order.
3) Conclusion of contract, minimum order value
3.1 The product descriptions displayed in the Vendor’s online shop do not constitute binding offers on the part of the Vendor; they merely constitute an invitation to the Customer to make a binding offer.
3.2 The Customer can submit the offer by using the online order form integrated into the Vendor’s Online Shop. Having placed the selected goods and/or services into the online shopping basket and completed the electronic order process by clicking on the “buy now” button at the end of the order process, the Customer is submitting a legally binding contractual offer to buy the goods and/or services in the shopping basket. However, the offer can only be submitted and forwarded once the Customer has accepted these contractual conditions by clicking on the “I have read the T&Cs and agree to them.” check box, and by clicking on the “I have read the legal notice on cancellation”, at which point they shall form part of its order.
3.3 The Vendor will promptly issue an email confirming that it has received the purchase order submitted via its Online Shop. This email will contain a copy of the Customer’s purchase order, which it can print out by clicking on the “Print” button. The automatic confirmation of receipt merely documents that the Vendor has received the Customer’s order; it does not constitute an acceptance of the purchase order.
3.4 The Vendor may accept the Customer’s order within five days by sending the Customer a written confirmation of order, or a confirmation of order in text form (email), whereby the time at which the Customer receives the order confirmation is the applicable point in time, or by delivering the ordered goods to the Customer, whereby the time at which the Customer receives the goods is the applicable point in time, or by requesting the Customer to make payment having submitted its purchase order. If two or more of the aforementioned alternatives apply, the contract will be concluded at the time at which one of the aforementioned alternatives occurs first. If the Vendor does not accept the Customer’s order within the aforementioned time limit, this shall be deemed to be a rejection of the offer, at which point the Customer shall no longer be bound by its declaration of intention.
3.5 The time limit for accepting the offer commences on the day following the day on which the Customer submits its offer, and it ends at midnight on the fifth day following the submission of the offer.
3.6 When submitting an offer using the Vendor’s online order form, the Vendor’s contractual text will be saved, and after the Customer has submitted its purchase order, the contractual text will be sent to it together with these T&Cs, the legal notice on cancellation and a text form model cancellation notice (e.g. for submission by email or letter) together with the order confirmation detailed in 3.3. Following the acceptance of the Customer’s offer, the Vendor will also send the Customer a confirmation of contract in which the contents of the contract are set out. The contractual text will be archived on the Vendor’s website, and the Customer can access it free of charge via its password-protected customer account by entering the appropriate log-in data, provided the Customer has created a customer account in the Vendor’s online shop prior to the submission of its purchase order.
3.7 No oral subsidiary agreements are made in connection with the conclusion of contract. If the Customer has explicitly agreed individual agreements with the Vendor in a specific case (including subsidiary agreements, supplements and amendments to these T&Cs), these shall in any case take precedence over these T&Cs in the event they were agreed following the conclusion of the contract. The content of such individual agreements is – subject to evidence to the contrary – decided by a written contract or – if none such exists – by the Vendor’s written confirmation to the Customer. Legally relevant declarations and notices to be given by the Customer to the Vendor following the conclusion of contract (e.g. declaration of time limits, reporting defects, declaration of rescission or demand for a diminution of price) must be issued in writing in order to be valid.
3.8 If it is not possible to deliver the goods ordered by the Customer, for example because the relevant goods are not currently in stock, the Vendor will not declare its acceptance of the order. No contract is concluded in this event. The Vendor will notify the Customer of the situation without delay and return any counter-performance already received.
4) Right of cancellation
4.1 Apart from those cases described in 4.4 T&Cs, all customers have a right of cancellation.
4.2 If the Customer exercises its right of cancellation pursuant to 4.1 T&Cs, it shall bear the regular costs of the return consignment.
4.3 Otherwise, the right of cancellation is subject to the following specific provisions:
Legal notice on cancellation Right of cancellation You have the right to cancel this agreement within fourteen days without being required to state your reasons for doing so. The cancellation period is fourteen days from the day that you or a third party (not the shipper nominated by you) take possession of the goods. To exercise your right of cancellation you must notify us of your decision to cancel this agreement, by contacting us at ENSYS Srl
Strada Casale, 175
36100 Vicenza, Italia
This requires an unambiguous declaration to this effect (e.g. letter sent by regular mail or email). You may use the enclosed sample cancellation form for this purpose; this is not mandatory however. To satisfy the cancellation period, it is sufficient that prior to the expiry of the cancellation period, you issue notice stating that you are exercising your right of cancellation. Consequences of cancellation If you cancel this agreement, we shall be required to repay all payments received from you, including the delivery costs (with the exception of additional costs resulting because you have selected a method of delivery other than the cost-effective method of delivery offered by us). This repayment shall be made promptly and no later than fourteen days from the day that we received your notice to cancel this agreement. In making this repayment we will use the same method of payment used by you in making the original payment, unless an alternative method is expressly agreed with you; in no event will we deduct any charges in respect of this repayment. We are entitled to withhold the repayment until such time that we have received the goods to be returned or until you prove to us that you have returned the goods, whichever point in time occurs earlier. You must return or hand back the goods without delay, in any case within fourteen days from the day that you issue your notice to cancel this agreement. This time limit is satisfied if you dispatch the goods prior to the expiry of the said fourteen-day period. You are liable for the direct costs of the return consignment of the goods. You will only be obliged to reimburse any loss in value of the goods if the loss in value is attributable to you having handled the goods in a manner not necessary for checking their quality, characteristics or functionality. – End of the legal notice on cancellation –
4.4 The right of cancellation does not apply in the case of distance selling contracts: (a) for the delivery of goods produced to customer specifications, or which are unequivocally tailored to their personal requirements (b) for the delivery of software in sealed packaging, if the Customer has removed the seal following the delivery.
4.5 The Vendor, moreover, asks that the following notices be observed: a) Please protect the goods from being contaminated with dirt or debris. Where possible, return the goods to us in their original packaging and include all accompanying accessories and packaging components. If required, please use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to adequately protect the goods from damage during transport. b) If possible, please return the goods to us carriage-paid. c) Please note that the aforementioned Nos. 1-2, are not a pre-requisite for the valid exercise of your right of cancellation.
5) Prices, shipping costs and payment conditions
5.1 Unless the Vendor’s product description states otherwise, the listed prices are net prices, which exclude statutory VAT. Any additionally payable delivery and shipment costs will be separately listed in the relevant product description. The price including value-added tax, plus incidental shipping costs, will also be displayed in the order window, before the Customer submits its purchase order by clicking on the “Buy now” button.
5.2 Additional costs may be incurred on a case-by-case basis for deliveries to countries outside the European Union; the Vendor is not responsible for such costs and the Customer is required to pay them. Examples of such costs are banking charges for money transfers (e.g. bank transfer fee, exchange rate charges) or legal import charges or taxes (e.g. customs duty). Money transfers may also be subject to costs of this kind if the delivery is not to a country outside of the European Union, but the Customer performs payment from a country outside of the European Union.
5.3 If advance payment has been agreed, the payment must be made immediately following the conclusion of contract.
5.5 If the Customer cancels its contractual declaration in accordance with 4 T&Cs, provided the legal conditions are fulfilled, it may demand the reimbursement of the costs of delivery to the Customer already paid by it (regarding the other consequences of cancellation, see 4.3 T&Cs).
5.6 Regarding shipping costs for partial deliveries, see 6.5 T&Cs.
6) Conditions of delivery and shipping
6.1 The delivery period is approximately 2-4 work days, unless a contrary arrangement is agreed. It begins with the conclusion of contract, subject to the provisions of 6.6 T&Cs. The Vendor, however, is only obliged to ensure the proper, scheduled delivery of the goods to the transportation firm, and is not responsible for delays caused by the transportation firm.
6.2 Goods are delivered via the delivery route to the address specified by the Customer, unless a contrary arrangement is agreed. For the execution of the transaction, the delivery address specified in the Vendor’s order processing system is authoritative. In deviation herefrom, when using the PayPal payment method, the authoritative address is the one entered by the Customer when paying with PayPal.
6.3 If the transportation firm returns the dispatched goods back to the Vendor, the Customer will bear the costs of the unsuccessful shipment. This does not apply if the Customer exercises its right of cancellation effectively, if it is not responsible for the circumstance resulting in the impossibility of the delivery, or if it was temporarily impeded from accepting the performance proffered, unless the Vendor gave it an appropriate amount of advance notice of the performance.
6.4 For logistical reasons, pick-up by the Customer is not possible.
6.5 The Vendor is entitled to make partial deliveries, insofar as these is tenable for the Customer. In this case, the Customer will only be responsible for the shipping costs for the first partial delivery. If the partial deliveries are performed at the Customer’s request, the Vendor will charge the shipping costs for each partial delivery.
6.6 In the case of purchase orders received from Customers resident or domiciled abroad, or if there are any substantiated indications of a risk of non-payment, the Vendor reserves the right to make delivery only following receipt of the purchase price plus shipping costs (reservation of advance payment). If the Vendor exercises the reservation of advance payment, it will notify the Customer of this fact without delay. In this case, the delivery period commences with the payment of the purchase price and the shipping costs.
7) Offsetting and right of retention
7.1 The Customer is not entitled to offset its claims against those of the Vendor, unless these counter-claims are not in dispute, or have been confirmed by a res judicata decision. The Customer is also entitled to perform offsets against our claims, if it asserts defect complaints or counter-claims arising from the same purchase agreement.
7.2 The Customer may only exercise a right of retention if its counter-claim is established by the same purchase agreement.
8) Retention of title
8.1 The delivered goods shall remain the Vendor’s property until complete payment of the purchase price. During the existence of the retention of title, the Customer may not sell the goods (“goods subject to retention of title”) or otherwise dispose of the ownership.
8.2 In the case of any third-party interference – especially by court bailiffs – with the goods subject to retention of title, the Customer shall indicate the fact of the Vendor’s ownership, and promptly inform it that it is able to protect its ownership rights.
8.3 In the event of any counter-contractual conduct on the part of the Customer, especially in the case of a delay in payment, the Vendor shall be entitled to demand the surrender of the possession of the goods subject to retention of title, insofar as the Vendor has rescinded the contract.
9) Liability for defects (warranty)
9.1 If the purchased item is defective, the provisions concerning statutory liability for defects shall apply.
9.2 The Customer’s claims for obvious material defects in the delivered goods shall be excluded, if the Customer fails to notify the Vendor of the defect within two weeks following the delivery of the goods.
9.3 The Customer is requested to raise a complaint concerning delivered goods with obvious damage caused during transportation, with the delivery agent, and to inform the Vendor of this fact. If the Customer fails to do so, this shall have no effect whatsoever on its statutory or contractual claims for defects.
10.1 Irrespective of the legal reason, the Vendor shall be liable only – including if the Vendor has appointed executive managers, or sub-contractors or vicarious agents – if: (a) the Vendor is culpable of gross negligence or deliberate acts, (b) the Vendor has deceitfully concealed a defect, or has assumed a guarantee for the quality of the object of the delivery. (c) death or personal injury was caused due to the Vendor’s negligent or deliberate act; as well as if (d) the Vendor has deliberately or through its gross negligence breached material contractual obligations (“cardinal duties”), i.e. (1) if there are breaches of material obligations, which jeopardise the achievement of the contractual objective, or (2) if there is a breach of obligations, which are imperative to enable the very performance of the agreement and upon the fulfilment of which the contractual party could normally expect to rely (“cardinal duties”). Unless otherwise agreed in these T&Cs, moreover, all the Customer’s claims for the compensation of damage, including the reimbursement of costs and indirect damage, are excluded.
10.2 In the case of No. 10.1. (d) of these T&Cs, however, the liability of the Vendor for merely ordinary negligence is limited to the amount of the compensation for the foreseeable damage that typically occurs.
10.3 The aforementioned limitations on liability do not apply to claims connected with the Product Liability Act. The provisions above do not entail any change to the burden of proof that might disadvantage the Customer.
11) Rights to software
11.1 Insofar as software is delivered as part of the goods: The Customer shall be granted the non-exclusive right to use the software delivered with goods, in connection with the use of the goods. The Customer may only transfer to another party the software rights granted to it, if the ownership in the relevant product (especially the hardware product) is simultaneously transferred to this other party, and the Customer retains no copies of the software.
11.2 The Customer is not entitled to make copies of the software, apart from for the agreed use or for back-up purposes.
11.3 The Vendor shall only disclose the source code of the software, to the extent it is obliged to do so through the use of Open Source Software. The scope of the Open Source Software used, and the details regarding which Open Source Software licence is applicable in the individual case, is set out in the applicable product description.
12) Applicable law
All legal relationships between the parties shall be governed by the law of Italy, to the exclusion of the laws on the international sales of moveable goods. In the case of consumers, this choice of law shall only apply, provided this does not constitute any abrogation of the protection afforded under the applicable law of that State in which the consumer is habitually domiciled.
If the Customer is acting in the capacity of a merchant, a legal entity constituted under public law or a public law special fund and is domiciled in the sovereign territory of Italy, the sole legal venue for all disputes arising from this agreement shall be the court with jurisdiction for the Vendor’s business location, Vicenza. If the Customer is domiciled outside of the sovereign territory of Italy, the court with jurisdiction for the Vendor’s business address shall have exclusive jurisdiction for all disputes arising from this agreement, if the contract or the claims arising from the contract can be attributed to the occupational or commercial activities of the Customer. In the aforementioned cases, the Vendor is entitled, however, to petition the court with jurisdiction for the Customer’s registered address. Otherwise, the applicable statutory provisions apply regarding local and international jurisdiction.
14) Information on the online resolution disputes
The EU Commission provides the following online platform for the online resolution of disputes, which can be found using the following link: http://ec.europa.eu/consumers/odr. This platform serves as an entry point of the out-of-court settlement of disputes arising from online purchase or service contracts, to which a consumer is party. We do not participate in this dispute resolution procedure.