TERMS AND CONDITIONS

TERMS AND CONDITIONS

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OVERVIEW

This website is operated by Enposh. Throughout the site, the terms "we", "us" and "our" refer to Enposh. Enposh offers this website: www.enposh.it, including all information available on this site to you, subject to your acceptance of all terms, conditions, policies and notices stated here. Enposh is registered in Italy with P.IVA: 14589781005. Our email address is: info@enposh.it.

By purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including the additional terms and conditions and policies set forth herein. These Terms of Service apply to all users of the Site, including users who are browsers, providers, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not use the Website.

Any new features or tools added to the current store will also be subject to the Terms of Service. You may review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. which provides the online e-commerce platform that allows us to sell our products.

THE CONTRACT BETWEEN YOU AND US

After purchasing the Product on our online store, we will send you an email confirming receipt of your order. Please note, this is not a proof of acceptance of your order, but a confirmation of receipt of your order request. You will know whether we have accepted your order when you receive a shipping confirmation email ("Shipping Confirmation"). The contract ("Contract") will come into effect when we send you the Shipment Confirmation.

Your order will not be processed until we have received full payment.

If you make any errors in processing your order, you may contact us by email at info@enposh.it. If your order has not been processed by the time we receive your email, you will be able to change your order. However, if we have already shipped your order, you will not be able to change it, but you can return the product(s) by following our Return Policy.

The Agreement only refers to products for which we have sent a shipping confirmation email. We are not obliged to ship all products within your order together. You will only receive a shipping confirmation email for products that have been shipped.

We are entitled to refuse any order placed by you for any reason.

When purchasing Products you are required to ensure that all details provided at the time of payment are true and accurate and you confirm that you are an authorised user of the payment method used (credit card, debit card, cash on delivery) to make the purchase request. You are also required to ensure that there are sufficient funds to cover the cost of the goods. In the event of any change to these details, you are required to inform us as soon as possible.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or the age of majority in your province of residence, and that you consent to all minors dependent on you using this site.

You may not use our products for any illegal or unauthorized purpose, nor may you in your use of the Service, violate any law in your jurisdiction (including, without limitation, copyright laws).

You must not transmit any worms or viruses or code of a destructive nature.

A violation or breach of any of the Terms will result in immediate termination of the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of the connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us .

The headings used in this Agreement are included for convenience only and will not limit or affect these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not up-to-date and is provided for reference only. We reserve the right to change the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - SERVICE CHANGES AND PRICES

The prices of our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS

Products are available online through the Website. These products may have limited quantities and are subject to return or replacement only in accordance with our Returns Policy. We have made every effort to present as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor display will show colors accurately.

We reserve the right, but are not obligated, to restrict sales of our products to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.We do not guarantee that the quality of any product, service, information or other material purchased or obtained from you will meet your expectations.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed on our Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

In the event that we make a change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by retailers or distributors.

You agree to provide purchase and profile information, complete and accurate for all purchases made on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we have no control or input.You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising out of or relating to the use of optional third party tools.

Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third party providers. We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources).

Such new features and/or services will also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available through our Service may include third party materials.

Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any responsibility or liability for any third party materials or websites or for any other materials, products or services of third parties.

We are not responsible or liable for any damages or harm related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please review the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, concerns or questions regarding third party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER MEANS

If, at our request, you submit certain submissions (e.g. to enter contests) or without our request, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, "comments"), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use in any way the comments you submit to us.

We are and have no obligation (1) to keep any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or to violate any party's intellectual property or these Terms of Service.

You agree that your comments do not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You also agree that your comments do not contain defamatory or otherwise unlawful, offensive or obscene material, or contain computer viruses or other malware that could in any way impair the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments.

You are solely responsible for the comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATIONThe submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order).

We assume no obligation to update, change or clarify any information in the Service or on any related website, including, without limitation, pricing information, except as required by law.

No specific update or update date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Service, the use of the Site or its content is prohibited:

(a) for any unlawful purpose;

(b) solicit others to perform or participate in unlawful acts;

(c) violate any local, international, federal, provincial or state regulation, rule, law or ordinance;

(d) violate or infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

(f) provide false or misleading information;

(g) upload or transmit viruses or any other type of malicious code that can be used in any way to affect the functionality or operation of the Service or any related websites, other websites or the Internet;

(h) to collect or track personal information about third parties;

(i) to spam, phish, pharm, pretend, spider, crawl, or scrap;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the Service or any related websites, other websites or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice.

You expressly agree that your use or inability to use the service is at your own risk. The service and all products provided to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers shall in no event be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost savings, lost data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or other use of any product purchased using the service or for any other claim relating in any way to the use of any product, including, without limitation, errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of the possibility thereof.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability is limited to the greatest extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ENPOSH and our partners, directors, agents, licensors, service providers, subcontractors, suppliers, interns and employees, and to hold them harmless from any claim or demand attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - RELEASE

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination not affecting the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the Termination Date shall survive the termination of this Agreement for all purposes. These Terms of Service are effective until terminated by you or us.

You may terminate these Terms of Service in accordance with the Return Policy.If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we may terminate this Agreement at any time without notice and you will be liable for all amounts due until the date of termination and/or we may deny you access to our Services (or any part thereof) as a result.

SECTION 17 - REFUND POLICY

For details on refunds, please refer to our Returns Policy.

SECTION 18 - ENTIRE AGREEMENT

Your failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any operating policies or rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Italy. In the event of any dispute associated with these terms and conditions, such dispute shall be subject to the exclusive jurisdiction of the courts of Italy.

SECTION 20 - CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to periodically check our website for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 21 - EVENTS BEYOND OUR CONTROL

We will not be liable for the inability to perform or delay performance of any of our obligations under the contract, which is caused by circumstances beyond our reasonable control "Force Majeure Events".A Force Majeure Event includes any demonstration, occasion, non-occurrence, exclusion or setback beyond our sensible control and specifically includes (without hindrance) the following:

• Strikes, lockouts or other industrial action.
• Civil insurrection, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fires, explosions, storms, floods, earthquakes, subsidence, epidemics or other natural disasters.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract shall be deemed suspended for the period during which the force majeure event occurs, and we will have an increase in time for performance for that period. We will use our reasonable endeavours to conclude the Force Majeure Event or to discover a response whereby our commitments under the Contract could be performed despite the Force Majeure Event.

SECTION 22 - CONTACT INFORMATION

Questions should be sent to info@enposh.it