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TERMS AND CONDITIONS FOR PURCHASE AND OTHER USE
INTRODUCTION
This document (along with the documents mentioned herein) is to establish, general terms & conditions to govern the use of the website (www.enorsia.com) and the purchases of products on it (hereinafter referred to as the "Conditions"), irrespective of whatever applications, digital media support or device to be used to access the said website.
WE URGE OUR USERS TO READ THE CONDITIONS, OUR PRIVACY & COOKIES POLICY (HEREINAFTER, THE “PRIVACY & COOKIES POLICY”) CAREFULLY, BEFORE USING AND/OR PLACING ANY ORDER ON PFD ENORSIA WEBSITE. IT MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE THE MOST IMPORTANT.
BY USING THIS WEBSITE OR PLACING AN ORDER ON IT, USER ACCEPT THE SAID CONDITIONS, OUR PRIVACY AND COOKIES POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND USERS AGREE TO ABIDE BY THESE CONDITIONS AND OUR PRIVACY & COOKIES POLICY. IT INCLUDES, WITHOUT LIMITATIONS AND WHERE APPLICABLE, ACCEPTING THE TERMS RELATING TO;
· BINDING ARBITRATION,
· WAIVER OF THE RIGHT TO CLASS ACTION,
· DISPUTE RESOLUTION,
· DISCLAIMER OF WARRANTEES,
· DAMAGE AND REMEDY EXCLUSIONS & LIMITATIONS, AND
· CHOICE OF LAW AS SET FORTH HEREIN
IF CUSTOMER DOES’T AGREE WITH THE CONDITIONS, THE PRIVACY & COOKIES POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE WEBSITE, OR ANY OF THE SERVICES PROVIDED ON IT OR PLACE AN ORDER THROUGH WEBSITE.
All these Conditions may be modified by the management at any time deem fit. It is customer’s responsibility to read them regularly on periodical basis, all the Conditions while using the website or concluding the relevant Contract (as defined further on) shall be those, that apply.
The customer if, have any query regarding the Conditions or the Privacy & Cookies Policy, he/she may contact us by taking part in a live web-chat/email (info@enorsia.com) available on our website.
The Contract (as defined below) shall be executed, in English language, in which the Conditions are available on this website,
OUR DETAILS
The sale of goods through our website/App is carried out under the name PFD ENORSIA with the e-mail address; info@enorsia.com,, registered with the Companies Registrar of London, UK (Registration #: 14364692)
CUSTOMER’S DETAILS AND THE VISITS TO WEBSITE
The information or personal details provided by the users will be processed in accordance with the Privacy and Cookies Policy. When users use our website, they agree to the processing of the information and details he/she state that, all information and details provided are true and real.
USE OF THE WEBSITE
When customer use the website and place orders through it, he/she agree to the followings:
· Use our website for enquiries and legally valid orders only.
· Use our website in a diligent manner appropriate to current legislation, morality, decency of conduct and public order, further in all cases, in accordance with the purpose for which our website exist.
· Not to make any false or fraudulent orders. If this type of any such order may reasonably be considered to have been placed, we will be authorized to cancel it and inform the relevant competent authorities.
· Not use our website for illegal purposes or effects, or in any way in breach of the Terms & Conditions, that may damage third-party interests or rights, or in any way damage, impair, disable or make this website inaccessible, or impede its normal use for other users.
· Not destroy, alter, render useless or in any other way damage the data, programs or electronic documents found in our website.
· Not hinder other users access to the services by the mass consumption of computer resources used by PFD ENORSIA to provide the website, and also not to take any actions that damage, interrupt or generate errors in the systems.
· Not introduce programs, viruses, macros, applets, drawings, audio and/or image files, photographs, recordings, software and, in general, any type of material accessible via our website.
· To provide us, your email address, postal address and/or other contact details truthfully and exactly. The customer/user also agree with that we may use the said information to contact him/her in the context of his/her order as n when required (see our Privacy & Cookies Policy). If customer/user do not provide us with all the said information we need, he/she cannot be able to place order.
When customer place an order on our website, he/she state that he/she is over the age of 18 and are legally eligible to enter into the purchase contracts.
In addition to this, by placing the corresponding order and where applicable, customers undertake to comply with the applicable laws of the jurisdiction as importer of record as well as to perform any other procedures that must be carried out for the dispatch of the merchandise from his/her place of residence.
SHAPING THE FORMAL CONTRACT
To place an order, customers must follow the online purchasing procedure and click on “Authorize payment". After doing this, customer will receive an “Order Confirmation Email”. The customers will be informed via email for the “Shipping Confirmation". These Conditions and the Contract constitute a written agreement between PFD ENORSIA and a link to the agreement will be communicated to the customer together with each of the abovementioned all transactional emails.
For all registered users, complete record of each transaction placed by him/her is available in the "My Account" section for a 1-year period.
By accepting these Conditions, customer confirm that he/she have the opportunity to either accept or reject them, and to correct any errors in the Contract before entering into that, for reference see below.
Both the Parties herein have agreed that the warranties implied by the applicable regulations (and as may be amended or replaced thereafter) are excluded, whenever possible and in accordance with the terms and conditions prescribed by law, and do not apply to this contract unless specifically stated otherwise.
TECHNICAL PROCEDURE OF ERRORS CORRECTION
If a customer finds an error occurred while entering his/her personal data during the registration process as a user of our website, he/she can modify it in the section "My Account".
The customer will be able to correct errors related to the personal data provided during the purchase process by contacting the customer service through a live webchat/email available on our website, as well as exercising the right of rectification in our Privacy and Cookies Policy. Our website displays confirmation boxes in different sections of purchase process that do not allow the order to continue if the information in the relevant sections has not been corrected. Moreover, our website offers details of all the items customer has added to his/her cart during the purchase process, it helps the customer before making the payment, to modify the details of the order if required.
If customer detect any error in his/her order after completing the payment process, he/she must immediately contact our customer service through a live webchat available on our website to correct the error.
PRODUCTS AVAILABILTY
The products order is subject to availability in stock. On top of it, if there would be difficulties regarding the supply of products or no items left any more in stock, PFD ENORSIA will reimburse any amount that customer may have paid.
REFUSAL TO PROCESS AN ORDER
PFD ENORSIA reserve the rights to remove any product from its website at any time and to remove or modify any material or content as required, from the website. We will always be committed to do everything possible to process all orders but we may face exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. PFD ENORSIA reserves the right to do so at any time.
PFD ENORSIA shall not be liable to customer or to any third party for removing any product from its website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.
DELIVEY
In spite of, the information mentioned above regarding product availability and except for extraordinary circumstances, PFD ENORSIA will endeavor to send the order consisting of the product(s) mentioned in each Shipping Confirmation prior to the date indicated in the Shipping Confirmation or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Undoubtedly, there may be delays for certain reasons like, happening of any unforeseen circumstances or the delivery area.
If for any reason PFD ENORSIA will be unable to comply with the delivery date, customer will be informed of that situation and he/she will be given an option to continue with the particular order, to establish a new delivery date, or cancel the order with full reimbursement of the amount paid. Please keep in mind in any case that there will be no home deliveries on bank holidays.
For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
UNABLE TO DELIVER
If it would not be possible for us to deliver customers any order, we will try to find a safe place to deliver it. If we could not find a safe place, the order will be returned to our warehouse.
PFD ENORSIA will leave a note explaining where customer’s order is located and what to do to deliver that again. If customers will not be at the place of delivery at the agreed time, we ask you to contact us to arrange delivery on another day.
If after 30 days from the date, order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that customer wish to cancel the Contract and it will be terminated in response. On termination of the Contract, PFD ENORSIA will return all payments received from customers, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method, we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.
TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under your responsibility from the moment of delivery to you as outlined above.
The customer will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined), if that were to take place at a later time.
PAYMENT AND PRICE
The price of the products would be as stipulated at all times on PFD ENORSIA website, except in the case of any obvious error. Although we make every effort to ensure that the prices featured on the website are correct but error may occur. If we find an error in the price of any of the products that customer have ordered, we will inform him/her as early as possible and give our customer, the option of order confirmation at the correct price or to cancel it. If we are unable to contact the customer, the order will be considered cancelled and all amounts paid will be reimbursed in full.
PFD ENORSIA is not obliged to provide the customer with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and could have reasonably been recognized by you as an incorrect price.
PFD ENORSIA may change prices at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
Once customer has selected all articles that wished to buy, will be added to his/her basket. The next step will be to process the order and make the payment. To that end, customers must follow the steps of purchase process, indicating or verifying the information requested at each step. Furthermore, throughout the purchase process, before payment, you can modify the details of the order. Customers are provided with a detailed description of the purchase process in the Shopping Guide.
Payment can be made by Visa, Mastercard, American Express, Apple Pay, Google Pay and PayPal
To minimize the risk of non-authorized access, to customers credit card details will be encrypted. Once we receive purchase order, we request a pre-authorization on customer’s card to ensure that there are sufficient funds to complete the transaction. The charge on customer’s card will be made at the time customer’s order confirmation.
When customer click “Authorize Payment", he/she is confirming that the ownership of the credit card.
Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, PFD ENORSIA shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
Note at this time we are only able to process customer’s order in GBP. No other currency will be accepted.
Since PFD ENORSIA UK LTD. processes all transactions in GBP and is a company domiciled in UK, the payment operation is considered international, assuming your Card/Payment Method is not issued in the UK. Consequently, in order to process this international payment, your Card Issuing Bank could pass on certain fees or surcharges derived from the international nature of the transaction, conversion of foreign currencies or any another reason.
Customers should keep in mind that cards and other means of payment are issued by the corresponding financial entities, Banks and Card Schemes, and have, by association, certain rules and regulation for use. Neither PFD ENORSIA nor any of the companies of our group are involved or responsible for these rules and regulations. The PFD ENORSIA recommends you be aware of these potential fees and charges, and that full clarity on these should be sought directly from the customer's Financial Entity/Issuing Bank.
The prices on the website exclude delivery charges and import costs, which are added to the total price as indicated in our Shopping Guide (see the Shipping section) and users checkout, and regarding the latter where an estimate can be provided.
Duty, customs tariffs and taxes (“Import costs”) are set by each local government and are based on a combination of the country of origin of the goods being purchased and/or the classification of that merchandise in accordance with a harmonized system adopted and used by each local government. The amount of applicable Import Costs, if they can be estimated, will vary in each case.
When customers place orders, he/she authorizes PFD ENORSIA to charge, the Import Costs applicable to the products of order where an estimate can be provided.
In the event that the estimated Import Costs exceed the actual Import Costs, PFD ENORSIA will refund the difference to you. Otherwise, PFD ENORSIA will assume the difference.
By placing the corresponding order, customers undertake to comply with the applicable foreign exchange laws of his/her jurisdiction.
DISCOUNT
PFD ENORSIA may offer its customers Discounts on purchases time to time. PFD EN has the sole authority to decide to offer % (percentage on base price), selection of style/articles/color/size, and timeline of any type of discount offer.
Following are various types of discounts PFD EN may offer as required;
1. Cash Discount
a. After subscription on 1st purchase all customers will be qualified to 10% cash discount immediately.
2. Sale Discount
a. A customer referring 3 persons (subscribe as new customer) will be qualified for another discount on his/her 2nd purchase @ 15%
b. This offer will be applicable, once all the 3 new customers after Subscription will complete their 1st purchase.
3. Special Discount
a. Season end (Spring, Summer or Winter)
b. Festivals (X-MAX, New Year, Eid and Holly, etc.)
c. Other Events (Nominated Days celebrations like, Valentine’s Day, Women’s Day, Mother’s Day, Father’s Day, Black Friday etc.
Note: All above-mentioned discounts will not be applicable on the discounted articles described in the website.
PURCHASES AS A GUEST
The functionality of purchasing goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process customer orders requested by him/her. Upon completion of the purchase process, customers will be offered the possibility of registration as a user or may continue as a non-registered user.
EXPRESS CHECKOUT (TOKENIZATION)
The express checkout feature (hereafter "Express Checkout") makes it easier for customers to make purchases on our website as you do not have to enter shipping, billing, and payment information for each purchase. Express Checkout is available in the “Shopping” section.
To use Express Checkout customer will have to save his/her card information. Customers may do so when making a payment with any of the cards accepted by the website by clicking the "Save my card details" option. This will result in the following card details being saved: card number, cardholder name exactly as it appears on the card and card expiry date.
To save customers card information and use Express Checkout, customers will have to accept the applicable Privacy and Cookies Policy and Conditions.
By agreeing to use Express Checkout, customers authorize that purchases paid through the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between customers and the card issuer in all cases.
Customers may save card information in Express Checkout for as many cards as he/she likes, to do so must make at least one payment with each of them. If customers wish to save card information for more than one card, the card whose information was saved most recently will be considered his/her "Favorite Card", and will be charged for Express Checkout purchases by default. However, customers may change his/her Favorite Card in the My Account section of our webpage.
To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the Shopping Cart. A screen will immediately appear with the shipping, billing and payment information for customer purchase. The information available on this screen cannot be edited, so if there is incorrect information, do not complete the purchase. To make purchases using different details please, do not use the Express Checkout service.
Customers may change his/her Favorite Card linked to Express Checkout in the My Account section of the webpage. The provisions of this clause shall not apply if customers buy goods as a guest.
RETURN POLICY
Statutory right of withdrawal
Right of withdrawal
If the customer is contracting as a consumer, he/she has the right to withdraw from the Contract, within 14 days, without giving any reason.
The withdrawal period will expire after 14 days from the day on which customer acquire, or a third party other than the carrier and indicated by him/her acquires, physical possession of the products or in case of multiple products in one order delivered separately, after 14 days from the day on which he/she acquire, or a third party other than the carrier indicated by he/she acquires, physical possession of the last good ordered in one order.
To exercise the right of withdrawal, the customer may notify us at PFD ENORSIA of your decision to withdraw from this contract by an unequivocal statement (for example: a letter sent by post or by taking part in a live
Web chat is available on our website).
To meet the withdrawal deadline, it is sufficient for users to send the communication concerning the user's exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If customers decide to withdraw from the Contract, PFD ENORSIA will return to you all payments received from customers, including delivery charges (except for any additional charges resulting from customers choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, customers will not incur any charges as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have provided evidence of having sent back the goods, whichever is the earliest.
Customer shall deliver the goods to the Courier arranged by us without undue delay and in any event not later than 14 days from the day on which communicate his/her withdrawal from the Contract to us. The deadline is met if customer deliver the goods before the period of 14 days has expired.
Return costs will be deducted from the refund price. However, any negative amount resulting from any such deduction will be borne by PFD ENORSIA.
Customers are only liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.
· Contractual right of withdrawal
In addition to the statutory right to cancel for consumers, mentioned in Clause 15.1 above, we grant customers a period of 30 days from the date on which he/she receives the Shipping Confirmation to return the products (except those mentioned in Clause below, for which the right to cancel is excluded).
In case the customer returns the products within the contractual term of the right of withdrawal after the statutory period has expired, the customer will only be reimbursed with the amount paid for said products. Delivery charges will not be reimbursed.
Return costs will be deducted from the refunded price. However, any negative amount resulting from any such deduction will be borne by PFD ENORSIA.
The customer may exercise his/her contractual right of withdrawal in accordance with the provision of Clause above. However, should the customer inform us about his/her intention of withdrawing from the Contract after the legal term for withdrawal, customer shall, in any case, deliver the products to the Courier arranged by us within the 30-day term as from the Shipping Confirmation.
· Common provisions
The customer shall not have the right to withdraw from the Contract when it is for the delivery of any of the following products:
ü Customized items
ü Sealed products that are not suitable for return due to hygiene or health reasons and were unsealed after delivery.
The customer’s right to cancel the Contract shall apply exclusively to the products that are returned in the same condition in which he/she received. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging.
Upon cancellation, the respective products shall be returned by Courier arranged by us as follows:
· Customers should contact us through a live webchat available on our website to arrange for the product to be collected at his/her home.
Customers should deliver the products to the Courier in its original packaging together with the “Return document” that must be printed and pasted in the package, and follow the directions on the "RETURNS" section of the website.
The destination for all returned goods will be London, UK (specified Address mentioned on the invoice attached with the Parcel).
If the customer have bought any product as a guest, he/she may request returns by Courier by taking part in a live webchat available on our website.
After studying the article, we will inform customers of whether they have the right to reimbursement of the amounts paid. Delivery charges will be reimbursed when the right of withdrawal is exercised within the statutory period and all relevant products are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which users notified us of his/her intention to cancel.
Notwithstanding the foregoing, we may withhold reimbursement until we have received the products back or customers have supplied evidence of having sent back the products, whichever is the earliest. The refund will always be paid using the same payment means customers used to pay while doing purchase.
Customers will not assume any penalty for the exercise of his/her right of withdrawal nor will it entail for any responsibility or expense other than the direct cost of returning the products, which customers will have to assume. Therefore, in this case, PFD ENORSIAORSIA UK LTD. will be compensated in an amount equal to the direct cost of returning the products, which will be deducted from the total amount of the refund.
If customers have any questions, he/she can contact us through a live webchat/email(info@enorsia.com) available on our website.
· Returns of defective products
If, the customer thinks that at the moment of delivery, the product is not as stipulated in the Contract, he/she must contact us through a live webchat available on our website, providing the product details and the damage sustained.
Customers must return the product giving it to the courier that we send to his/her location together with the “Return document” that must be printed and pasted in the package, and follow the directions on the “RETURNS” section of the website.
PFD ENORSIA will carefully examine the returned product and will notify customer by email within a reasonable period whether he/she have a right for a refund. The refund of the article shall take place as soon as possible and in all cases within 20 days from the date on which we send him/her an email confirming that the refund of the product is going ahead.
If a defect or damage is confirmed on the returned products, we will give customer a complete refund including the charges accrued of delivery and return. The refund will always be paid using the same payment modes customer used to pay for his/her purchase.
All rights recognized in current legislation shall be, in any case, safeguarded.
· Returns of non-PFD ENORSIA products
Customers are responsible for checking the contents of any packages before return it to us.
We are not responsible for the care or return of the contents of any packages which are erroneously
returned to us (e.g. which included any products provided by other retailers) (“Erroneous Returns”).
We may (but are not required to) contact customers to inform that he/she have made an Erroneous Return.
We will store any Erroneous Returns that we receive for a period of 14 days from the date we receive them. If customers have not contacted us regarding the Erroneous Return within this time, we will presume that the relevant contents have been abandoned. We reserve the right to destroy any such Erroneous Returns without notice to customers.
Given the volume of returns we process, we do not promise that we will be able to locate all Erroneous
Returns we receive.
If we are able to locate an Erroneous Return, we will take reasonable measures to return the relevant contents to customers, but reserve the right to first require customers to reimburse us for our reasonable costs in processing, storing and returning those contents to the customers.
LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of the said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
· in case of death or personal harm caused by our negligence;
· in case of fraud or fraudulent deceit; or
· in any case in which will be illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
· Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin: loss of income or sales;
· Operating loss;
· Loss of profits or contracts;
· Loss of forecast savings;
· Loss of data; and
· Loss of business or management time.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on our website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if customers are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to customers for any lack of conformity that exists at the time of delivery. It is understood that the products are in conformity with the Contract if they:
· Comply with the description given by us and possess the qualities that we have presented in this website;
· Are fit for the purposes for which products of this kind are normally used;
· Show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.
INTELLECTUAL PROPERTY
Customers recognize and agree with that all copyrights, registered trademarks and other intellectual property rights on all materials or contents provided as part of our website belongs to us at all times or to those who grant us the license for their use. You may use said material only to the extent that we or the usage licensers authorize expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
· Customers must not make undue use of our website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technological damage or harmful material.
· Customers shall not attempt to make unauthorized access to the website, the server on which the site is hosted or any server, computer or database related to our website.
· Customers undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorization to use our website shall be suspended immediately.
We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect customer’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the users.
LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatsoever, over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notifications that we send to users be in written form. By using this website, users agree that most of the communication with us will be electronic. We will contact users by email or will provide information by posting alerts on the website. For contractual purposes, users agree to use the electronic means of communication and accept that all contracts, notifications, information, and other communication that we send to users electronically complies with the legal requirements of providing it in writing. This condition will not affect the user’s statutory rights.
NOTIFICATIONS
The notifications that users send us must be sent through the live webchat available on our website. Pursuant to the provisions in Clause 20 above and unless otherwise stipulated, we may send users notifications by email users have provided us when placing an order.
It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email. As proof that the notification has been sent it shall be sufficient to prove, in the case of an email, that the notification was sent to the email address specified by the recipient.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both Parties, as well as for our respective successors, transferees, and heirs. Customers may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, customers have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.
EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
i. Strike, lockout, lock down or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private. v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
WAIVING RIGHTS
The lack of requirement on our part for strict compliance on customer's part with any of the obligations assumed by customers by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to customers in accordance with the provisions of the Notifications section above.
PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
ENTIRE CONTRACT
These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.
The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE CONDITIONS
PFD ENORSIA has the right to review and modify these Conditions at any time.
Customers are subject to the policies and Conditions in effect at the moment in which customers use our website or place each order, except when by law or decision of government entities we must make changes retroactively to said policies, Terms & Conditions or Privacy and Cookies Policy. In this case, the possible changes will also affect orders made previously by customers.
APPLICABLE LEGISLATION AND JURISDICTION. DISPUTES
The use of our website and the product purchase contracts through said website shall be governed by the
UK legislation.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the UK courts.
· In the event of a dispute and where applicable, the customer authorize PFD ENORSIA to register the contract before the relevant local registry at our discretion and at the customer’s expense.
· If customers are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights customers have, as recognized in any applicable legislation in this area.
Where applicable, customers agree that any controversy or claim arising out of or relating to the Conditions, the Website, the Privacy and Cookies Policy, and/or the PFD ENORSIAORSIA Services shall be settled by binding arbitration in a location, determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. 2 Alternatively, customers may assert his/her claims in small claims court in accordance with the terms of these Conditions if customers claim qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply JAMS Comprehensive Arbitration Rules & Procedures as applicable in UK and shall honor claims of privilege recognized at law.
If you initiate arbitration against PFD ENORSIA, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If PFD ENORSIA initiates arbitration against customers, PFD ENORSIA will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. In the event that the plaintiff is able to demonstrate that the costs of arbitration will be cost prohibitive or greater than the costs of litigation, PFD ENORSIA will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than the condition that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor PFD ENORSIA shall be entitled to arbitrate their dispute.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN CUSTOMER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF ANY OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, CUSTOMER AGREE THAT HE/SHE IS WAIVING HIS/HER RIGHT TO A JURY TRIAL AND LIMITING HIS/HER RIGHT TO APPEAL AND HE/SHE UNDERSTAND THAT HE/SHE IS WAIVING HIS/HER RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE WEBSITE, ANY OF THE SERVICES PROVIDED ON THE WEBSITE OR PLACE AN ORDER FROM THE WEBSITE IF CUSTOMER DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Customers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CUSTOMER FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE, THE PRIVACY AND COOKIES POLICY AND/OR THESE CONDITIONS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Any disputes arising out of or relating to these Conditions, the Privacy and Cookies Policy, the Website and/or the PFD ENORSIA Services shall be resolved in accordance with the laws of the state of UK, without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Conditions or his/her access to or use of the Website not subject to the arbitration provisions set forth herein must be brought in the Federal or state courts located in the UK and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Customers comments and suggestions are always welcome. Please send any comments and suggestions, as well as any inquiries, complaints or claims through the email info@enorsia.com
or live webchat available on our website.
Complaints and claims made to our customer services will be dealt with in the shortest possible period of time and, in any event, within the maximum period established by law. Complaints and claims shall be registered with an identification code which you will be provided with, and which will allow you to track the progress.
For residents of territories belonging to the European Union or the European Economic Area: If as a consumer you feel your rights have been infringed, please send your complaints by email to info@enorsia.com to request an out-of-court dispute resolution.
If customer’s purchase was made from us online via our website, pursuant to UK Regulation, the customer are hereby informed that he/she is entitled to request an out-of-court dispute resolution on accessible consumption at the Internet address
CONTACT
Please note that the email address: info@enorsia.com is made available exclusively to allow direct and easy access to the identification details of PFD ENORSIA UK LTD. the company that markets the products, and to allow customers to raise any complaints or claims as you may deem appropriate.
To send us customer feedback, comments, suggestions, queries or any issues other than the ones indicated above, please use our usual communication channels, i.e., the chat available on the web page.
Find out more in the “Contact” section on the web page.
ANNEX
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
Address: PFD ENORSIA UK LTD. operating under the trading name of PFD ENORSIA, with a registered address at 102 LANGLEY ROAD, WATFORD, WD17 4PJ, LONDON.
I hereby give notice that I withdraw from my contract of PURCHASE of the following goods:
Ordered on/received on (*)
Name of consumer
Address of consumer
Signature of consumer (only for paper forms)
Date
(*) Delete as appropriate
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