Terms of sale

We are Enerimonsters (number IT02656510993); Enerimonsters is the owner and operate the website: www.enerimonsters.com (the “Site”). Enerimonsters shall in these terms be referred to as “we”, “us” and “our”.

Our registered office and main trading office address is: via Castagnola 10/6, Genova, 16147, Italy.

This page tells you the legal terms and conditions (“Terms”) on which we sell any items on the site (“Items” or “Good”) to you. Please note these Terms only apply to the purchase of Items and services on the site.

Please read these Terms carefully and make sure that you understand them before ordering any Items from the site. Please note that before placing an order you will be asked to agree to these Terms. By placing an order on the site you confirm your acceptance of these Terms.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time.

We reserve the right to amend these Terms from time to time. These Terms were most recently updated on september 2021.

How the contract is formed between you and us on site

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.

We strongly recommend that you check the size guide carefully before ordering. Please take the time to check the details of your order at each page of the order process and before clicking “Confirm and Pay”, as you will not be able to make any changes to your order after this point.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order and confirmation of your order for the Delivery Service. We or the Delivery Service then send you an email that confirms that the Items have been despatched (“Despatch Confirmation”).

Please note that items are subject to availability. If an Item becomes out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.

We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.

If we are unable to supply you with an Item in these circumstances we will inform you of this by e-mail. If you have already paid for the Items, we will refund you the full amount including any delivery costs charged as soon as possible.

Items or goods on the site

The images or videos of the Items on the site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Items. Your Items may vary slightly from those images.

All sizes and measurements of Items are approximate, however we do make every effort to ensure they are accurate as possible.

We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. We reserve the right to refuse orders where information about Items has been mis-published, including without limitation prices and promotions.

All our Items are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any Items in a business or public environment.

We take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information is entered onto the site.

Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been despatched.

The price of an item includes VAT (or similar sales tax) (where applicable) at the prevailing rate for which we are responsible as a seller.

The price of an Item does not include delivery and returns charges. You will be provided with details of our delivery charges during the order process. You can also see our delivery options and charges on our Delivery Details page. You can get information about charges for returning items if you choose to use one of our returns methods on our Returns Information page.

Please note that whilst we take utmost care in ensuring the content on the site (including descriptions of the Items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate, the site may at times contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the site that may contain errors or inaccuracies.

Payment

You can pay for Items (including the Delivery Service) on the site using the following payment options: payment in one go (Shopify payments with credit card, PayPal) or with installment payment (with Klarna or Alma using a credit card).

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified as soon as possible.

All Items ordered remain our property until we receive full payment from you.

Delivery on orders placed on site

Delivery charges will be applied in addition to the prices for the Items you are purchasing. The amount of the delivery charge will depend on delivery option you have chosen.

Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes. In the event that you fail to pay such duties and taxes or you fail to collect your order, and the order is then returned to us, we will require you to pay any costs that we have incurred as a consequence.

You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods.

We are unable to deliver on public and bank holidays, Christmas Day, Boxing Day or New Year’s Day, Easter’s day. On these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays) for each of these days when calculating the estimated delivery date and when choosing your delivery option.

Returns and Refunds

If you change your mind about any items purchased you can return them to us within 14 days of the order being delivered to you, provided:

1. The items are unworn and unwashed (and there are no signs of transfer of any make-up, or other stains);

2. The Items have all tags attached and are returned with correct despatch and order information.

3. The goods must be sent in the box in which they were received. The box must be sent in another box or protected by a plastic bag

(“Rejected Items”)

We will refund the price that you paid for the Rejected Items taking into account any discounts or promotions applied when you purchased the items (“Refund”). Your Refund will be processed once you have provided the Rejected Items to one of Enerimonsters’ carriers. The Refund will not include any delivery charges you have paid. All refunds will be made using the same method of payment you used to purchase the Items. Please note for your Refund to be valid, you have an obligation to return the Rejected Items to Enerimonsters. In the event that Enerimonsters issues a Refund but does not receive all of the Rejected Items, the Customer shall reimburse Enerimonsters an amount proportionate to the Rejected Items not received, at any time within 14 days of your placing of the order for the Delivery Service and receive

Right of withdrawal from the contract – EU customers only

If you are a European Union customer you also have the right to withdrawal from your contract with us and return your Items by post within 14 calendar days from the day after the date you received your order. To withdraw you must inform us of your wish by writing to our Customer service at info@enerimonsters.it or by post to Customer service, Enerimonsters, via Castagnola 10/6, 16147 Genova, Italy. If you are emailing us or writing to us please include details of your order to help us to identify you including your name, address and order number.

You must take reasonable care of the items. Whilst you may inspect the Items when they are in your possession you must not use them.

You will be responsible for returning the items to us including the cost of returning the items using a courier or other postal method.

You should return the Items in their original packaging, as soon as possible after informing us of withdrawal. You will be responsible for any loss or damage to Items that occur before they are returned to us including where they are lost or damaged in transit.

Save in respect of the Delivery Service, if you withdraw from your contract you will be refunded the price you paid for the Items within your order. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Items, if this has been caused by your handling, including any loss or damage that occurs during transit. The refund will be made to the original method of payment you used, within 14 calendar days of our receipt of Items.

In case of lack of conformity, you may ask, alternatively and without charge, to conditions indicated below, the replacement of the purchased good, a reduction of purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for us.

The request must be sent by e-mail or by ordinary mail to info@enerimonsters.it or Enerimonsters, via Castagnola 10/6, 16147 Genova, Italy. We will indicate our availability to proceed with the request, or the reasons that prevent it from doing so, within 14 (fourteen) of receipt. In the same communication, we will inform you of the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods. If the repair and replacement are impossible or excessively expensive, you can withdraw from the contract. In this case you will have to send us your request, and we will indicate our willingness to process it within seven working days of receipt; we will also bow to the proposed price reduction and the methods of returning the defective goods. In this case you can tell us how to re-credit the sums previously paid.

General

Your use of the site is governed by our Terms and conditions of sale . Amongst other matters, this details how you may use our name, logos and content on the site. Please take the time to read this carefully so that you are clear about how you may use the site. By using the site you are confirming acceptance of the terms of our Terms of Use.

When you use the site we will use your personal information in accordance with our Privacy Policy . Please take the time to read this carefully as it sets out how we will use information about you and how your information may be shared with third parties. By placing an order on and/or using the site you are confirming acceptance of the terms of the Privacy Policy.

The site use cookies. Please review our Cookies Policy to see how we collect and use information collected by cookies on our site. By using the site you are confirming acceptance of the terms of our Cookies Policy.

You agree not to use any Items and/or the Services purchased for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the Items and Services for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase Items from the site and Stores. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, for fraud or any other liability that cannot excluded or limited by law.

These Terms and any document expressly referred to in them, our Privacy Policy, Cookies Policy and Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.

You acknowledge that in placing an order and entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them including without limitation our Privacy Policy, Cookies Policy or Terms of Use. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on these terms.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control.

We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

When you purchase Items and/or Services from us, the contract formed is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are governed by directives of the European Parliament and council and Italian law. This means your use of the site and any contract for the purchase of Items through the site; and any dispute or claim arising out of or in connection with the same will be governed by Italian law. You and we both agree that the courts of Italy will have non-exclusive jurisdiction to settle any disputes arising out of these Terms or your use of the site.

If you have any questions about our Terms or site please contact our Customer Care Team at info@enerimonsters.it or Enerimonsters, via Castagnola 10/6, 16147, Genova, Italy.