Terms and Conditions of Sale

1. General notes
   1.1. These terms and conditions of sale (“Terms and Conditions”) govern all sales of Products (as defined below) by E4Life S.r.l., with registered office in Milan, Via Santa Sofia 18, ZIP code 20122, VAT no. and tax code 12981490969, registered with the Companies’ Register of Milan under no. MI – 2696131, certified e-mail e4lifesrl@pec.it (hereinafter “E4Life”), through its website store.e4.life (hereinafter the “Website”), in the form available on the Website at the time of the Order (as defined below).
   1.2. In addition to any other term defined in these Terms and Conditions, “Products” shall mean the two models available to date on the Website, named “e4you” and “e4ambient”.
   1.3. Terms defined in singular form are also intended in plural form, and vice versa, where the context requires so.
   1.4. The offer of Products on the Website is exclusively aimed to natural and legal persons, as well as to professionals, that do not intend to market the Products in the context of the exercise of a commercial activity (“Customers” and, each, a “Customer”). Considering its commercial policy, E4Life reserves the right not to perform the Orders (as defined below) coming from persons other than the Customers or that, in any case, do not comply with the criteria established by its commercial policy.
   1.5. E4Life does not allow the sale of Products to underaged persons. They may purchase Products exclusively through a parent or a legal guardian; the Customers take any responsibility deriving from any untrue information regarding their identity.
   1.6. E4Life will have the right to provide for and/or set quantity limits to the purchase of some Products by the same Customer. Any limitations and/or additional terms and conditions of sale, will be identified in specific special conditions, applicable as supplement to these Terms and Conditions (“Special Conditions”), summarized in the Product Schedule (as defined below).
   1.7. Before making any purchase, the Customer is asked to carefully read these Terms and Conditions as well as any Special Conditions contained in the Product Schedule and to print them or, in any case, keep a copy thereof. The Terms and Conditions applicable at the date of the Order can be consulted – and downloaded – at the webpage https://www.e4.life/en/terms-and-conditions/ at any time. In any case, E4Life undertakes to submit, also by e-mail, to the Customer a copy of the Order along with all necessary information and the link where these Terms and Conditions and any Special Conditions can be viewed and/or downloaded. The documents thus submitted may be printed and/or kept by the Customer.
2. Products
   2.1. The essential features and other information relating to the Product, along with their pricing and any applicable Special Conditions are contained on the Website, in the information schedules relating to each Product (“Product Schedules” or, each, a “Product Schedule”).
   2.2. The catalogue of the Products available on the Website is periodically updated and it may not coincide with the Products that are actually in E4Life stock. E4Life does not guarantee that the Products available on the Website are also present in E4Life stock and vice versa.
   2.3. The graphic representation and/or exemplification of the Product published on the Website is merely by way of example and may be different from the real consistency, form and/or structure of the Product; the Customer may therefore rely upon the description of the Product and its features contained in the Product Schedule.
   2.4. The Products published on the Website may be:

• “available”: Products available in stock and, as such, orderable by the Customer;
• “not available”: Products not available in stock and that, as such, cannot be ordered by the Customer. In such case, the Customer may request to be informed if the Products viewed is available again, by communicating to the customer service of E4Life its e-mail address, with the methods specified in the webpage of the selected Product;
• “orderable”: Products not physically in E4Life stock but that can be ordered by E4Life, upon request of the Customer.
  2.5. The Product inserted in the cart remains memorized for 48 (forty-eight) hours. Once such term has lapsed, the cart will be automatically emptied. If during such period the selected Products becomes not available, it will be automatically deleted from the cart.

3. Prices
   3.1. The sale prices of the Products specified in the Product Schedules are in Euro net of VAT. Any delivery costs, as specified on the Website section https://www.e4.life/en/shipping/ and in the relevant cart pages shall be added to the price of the Products.
   3.2. The prices of the Products on the Website may vary daily, and be subject to variations, both upward and downward. The Customer is therefore required to constantly update the cache of its browser in order to view the updated price in the Product Schedule. The price, updated and applicable to the Order, will always be viewed in the cart pages.
4. Order submittal and completion of the sale agreement
   4.1. To submit a purchase order of a certain Product (“Order”), the Customer may choose whether to register and/or log in on the Website or to complete the purchase in “guest” mode.
   4.2. To submit an Order, the Customer must:

• select a Product or click on “Add to Cart”;
• in the area “My Cart”, the Customer may:
  • view the details of the Product and the price;
  • verify and correct the shipping address;
  • modify the quantity of the Products or delete the Product added to the cart;
  • add other Products by clicking on the key “Continue shopping” or going back to the virtual shop page and adding further Products to the cart;
  • clicking on “Proceed with your order” to access the area “Checkout”;
• in the area “Checkout”, the Customers may:
  • choose whether to register, log in or proceed with the purchase in “guest” mode;
  • insert their invoice and shipping data, if they had not done so earlier;
  • view the times and any costs for each of the shipping methods available and select the preferred shipping mode (for more information on the delivery times, please consult the dedicated webpage https://www.e4.life/en/shipping/);
  • view the payment methods available and the relevant details and selected the chosen payment method;
  • accept the Terms and Conditions, granting the consent to the privacy Policy and submit the Order by clicking on “Submit order” or “Proceed with the payment”, depending on the selected payment method;
• accept the Terms and Conditions and submit the Order clicking on “Confirm order”.
  4.3. Before submitting the Order, the Customers may display in any time the summary of the selected Product, with the detail of the prices and any expenses, the selected delivery and payment modes, as well as verify and correct their data. The Customers may also specify a delivery address different from their own, in which case the titleholder of the Order guarantees to be authorized to communicate the personal data necessary to identify the recipient.
  4.4. The sale agreement is completed once the Customer submits the Order to E4Life.
  4.5. Following the submittal of the Order, the Customers will receive an e-mail confirming the completion of the sale agreement containing a summary of the Order and the link from which they can display and/or download these Terms and Conditions and any Special Conditions. The Customers may print and/or save such documents. In any case, the Order will remain stored and made accessible to the Customers at any moment inside its personal webpage [●].
  4.6. E4Life will send an e-mail to the Customers to confirm the successful shipping of the Product purchased.

5. Payment and invoicing methods
   5.1. The payment of the Order and any shipping costs, to be made at the conditions under paragraph 5.2 below, shall be made by the Customer with the payment methods selected before submitting the Order.
   5.2. E4Life accepts the following payment methods, according to the manners and at the conditions specified in the webpage https://www.e4life.it/metodi-pagamento/: credit or prepaid card.
   5.3. The Customers shall communicate in the specific field the data for the issuance of the invoice; no changes to the invoice data will be allowed after the issuance thereof. The Customers may also indicate an invoice address different from their own; in such case, the titleholder of the Order guarantees to be authorized to communicate the personal data necessary to identify the recipient.
6. Delivery of the Products
   6.1. Before submitting an Order, the Client may display the delivery modes available and any costs thereof. The delivery of the Product may be carried out according to the modes, and according to the specific conditions, terms and costs, specified in the webpage https://www.e4.life/en/shipping/.
   6.2. In any case, the cart page will indicate the delivery modes available for each Product.
   6.3. E4Life will deliver the Product only after the successful payment by the Customer with the methods specified in article 5 above.
   6.4. The webpage https://www.e4.life/en/shipping/ and the cart pages indicate the estimated delivery times, which however are merely indicative and not binding. In any case, the delivery of the Product will be executed within 30 (thirty) days from the date of submittal of the Order, unless in the following events:

• Orders containing Products available on request: in such case, the times necessary for the receipt by E4Life of the Product vary from 60 (sixty) to 120 (one hundred twenty) business days, to which the days necessary for the delivery shall be added, depending on the delivery mode selected by the Customer. Therefore, the Product available on request could be delivered after the term specified above. The estimated delivery times are in any case expressly specified in the cart pages;
• failed payment by the Customer within the terms contemplated for the selected payment method;
• request of concurrent installation of the Product;
• request, by the Client, of delivery on a date later than the one specified in the cart page.
  6.5. The delivery of the Product may exclusively take place in Europe and UK. For more information, please consult the dedicated webpage https://www.e4.life/en/shipping/.
  6.6. The Customers will receive an e-mail confirming the successful shipment of the Product. It will be possible to follow up on the status of the shipment. The Client will receive an e-mail by the subject entrusted by E4Life to execute the shipment with the information necessary to track the status of the shipment.
  6.7. Before E4Life ships the Product, the Customer may cancel the Order; after having received an e-mail of confirmation of the successful shipment of the Product, the cancellation or change of the Order by the Customer may no longer be available. In such case, the Customer may return the Product in compliance with the withdrawal procedure contemplated by article 7 below. For more information, please consult the webpage https://www.e4.life/en/terms-and-conditions/#recesso.
  6.8. Upon delivery, the Customer (or a delegate thereof) must sign the delivery document. The Customer (or its delegate), upon delivery of the Product by the courier, is bound to verify:
• that the number of items delivered matches with the one specified on the delivery document; and
• that the packaging and relevant seals are intact, not damaged nor altered in any way.
  6.9. Any damages and/or alterations to the packaging and/or to the Product and/or the non-correspondence between the amount of items and the amount specified on the delivery document shall be immediately reported in writing on the delivery document of the courier. Once the document of the courier has been signed without the Customer having raised any objections, the Customer cannot raise any contestation in such regard, saved as provided for regarding the legal warranty of conformity under article 8.
  6.10. The risk of loss or damaging of the Product is transferred upon the Customer at the moment the latter (or its delegate other than the courier) physically takes possession of the Product.
  6.11. In case E4Life, after the submittal of the Order, has notified in writing to the Customer that it will not be able to deliver the Product, the Customer may immediately terminate the relevant sale agreement.

7. Withdrawal
   7.1. Pursuant to the provisions of the Consumer Code (Codice del Consumo), the Customer has the right to withdraw from the sale agreement, without specifying the reasons, within 14 (fourteen) days from the date when the Customer (or its delegate) physically takes possession of the Product.
   7.2. The Customer may exercise the right of withdrawal under paragraph 7.1 above via one of the following modes:

• downloading, filling out and submitting the Withdrawal Form available on the webpage https://www.e4.life/en/support/forms/ or sending any other express notice of the decision to withdraw through any of the following channels:
  • to the e-mail address info@e4.life;
  • to the registered e-mail address e4lifesrl@pec.it;
  • registered letter with acknowledgement of receipt to the following address: Via di Santa Sofia 18, ZIP code 20122, Milan, Italy;
  • to the phone number: +390687155038.
  7.3. The Customer that intends to enforce the right of withdrawal through the Withdrawal Form or by submitting express notice in that regard, or by calling the dedicated phone number, according to the methods described above, is required to return the Product choosing any of the following options:
• delivery of the Product according to the instructions received by E4Life and at the Customer’s expenses;
• home collection of the Product by the technicians and/or the courier entrusted by E4Life.
  7.4. Upon receipt of the notice of enforcement of the right of withdrawal submitted by the Customer according to the manners specified under paragraph 7.2 above, E4Life will send to the Customer an e-mail confirming the receipt of the enforced withdrawal. Within 1 (one) business day from receipt of the withdrawal notice, the Customer will receive an identification code of the withdrawal file and any information and/or instruction necessary to return the Product to E4Life on the basis of the option selected by the Customer (or necessary, as the cases may be) among those listed in paragraph 7.3 above.
  7.5. The Products shall be returned intact, unused, undamaged, in their original packaging and complete of all accessories and items contained in the original packaging (e.g., accessories, cables, instruction manuals, etc.). In any case, the Customer shall bear the costs necessary for the return of the Products to E4Life.
  7.6. The Customer will be held liable for the decrease in value of the Product as a result of an alteration other than that necessary to establish its nature, features and functioning or in case of absence of the items and/or accessories under paragraph 7.5 above.
  7.7. In case of receipt of a withdrawal notice within the terms and at the conditions specified in the previous paragraphs, E4Life will reimburse the sums paid for the purchase, including the delivery expenses, using the same payment methods as used by the Customer for the purchase of the Product, unless the Customer expressly requests otherwise.
  7.8. The Customer is entitled to receive the reimbursement within 14 (fourteen) days from the receipt by E4Life of the withdrawal notice. E4Life, in compliance with article 56 of the Consumer Code, reserves in any case the right to withhold the reimbursement until it has received the Product or until the Customer has proved to have shipped back such Product, depending on which situation occurs first.
  7.9. For the purchases made with payment by credit card or prepaid cart, the reimbursement will be made through a cancellation of the transaction directly on the credit card or prepaid card.

8. Legal warranty – Remedies for non-conformity
   8.1. The sale of the Products to Customers who are also consumers is subject to the legal warranty pursuant to the Consumer Code. E4Life is liable for the conformity defects that appear within 2 (two) years from the time of supply or delivery. The direct action of the Customer to invoke a conformity defect, not intentionally concealed by E4Life, becomes in any case time barred 26 (twenty-six) months after the time of supply or delivery.
   8.2. The Customer may enforce the legal warranty of conformity by downloading and filling in the appropriate form (“Legal Warranty Form”) available on this webpage: https://www.e4.life/en/support/forms/ and sending it to E4Life through any of the following channels:
   • to the e-mail address info@e4.life;
   • to the registered e-mail address e4lifesrl@pec.it;
   • registered letter with acknowledgement of receipt to the following address: Via di Santa Sofia 18, ZIP code 20122, Milan, Italy.
   8.3. With reference to the Product, E4Life does not warrants any requirements of quality, description, kind, amount, functioning, compatibility, interoperation, suitability to the use, supply with accessories, instructions (including with regard to the installation and customer care), updates not specifically indicated in the Terms and Conditions and/or in the Order and/or on the Website and/or in the documents relating to the Products supplied by the manufacturers.
   8.4. With reference to the Products, the Customer represents and warrants that: (i) they are suitable to the purposes for which it intends to purchase them; (ii) are of the amount and show the qualities and features expected, including with regard to durability, functionality, compatibility, accessibility, continuity and safety; (iii) it does not expect to receive from E4Life any accessories (including, merely by way of example, the packaging) and instructions (including, merely by way of example, those regarding to the installation) additional to those that may be supplied. Should it deem that a Product purchased is not conform to trial version or preview or sample or model made available by E4Life before the completion of the sale agreement, the Customer will timely notify so to E4Life with the manners under paragraph 8.2 above.
   8.5. In case of a conformity defect of the Product, the Customer will be entitled to a free restoration of the conformity thereof (through repair or replacement of the Product) within a reasonable term from the moment E4Life has been informed by the Customer of such conformity defect. Such remedy may be requested by the Customer, unless it is impossible or it forces E4Life to bear disproportionate costs, all circumstances considered, among which (i) the entity of the conformity defect; (ii) the possibility to enforce the alternative remedy without significant inconveniences for the Customer.
   8.6. Should the Customer request the repair or replacement of the Product pursuant to paragraph 8.5 above, the Customer will be bound to made available the Product to E4Life. Once the Customer has made available to E4Life the Product to be repaired or replaced, E4Life will, at its expenses, collect it and deliver it to the Customer after such activities.
   8.7. Where (i) the remedy of restoring the conformity of the Product is impossible or disproportionate pursuant to paragraph 8.5; (ii) E4Life has failed to restore the conformity of the Product in accordance with paragraph 8.5; (iii) a conformity defect appears despite the attempt of E4Life to restore the conformity of the Product; (iv) the conformity defect is so serious as to justify the termination of the sale agreement; or (v) E4Life has stated that it will not make the Product conform within a reasonable term or without significant inconveniences for the Customer, the latter shall be entitled to a proportionate reduction of the price pursuant to paragraph 8.8 below or to terminate the sale agreement according to paragraph 8.9 below.
   8.8. The reimbursement of such price reduction of the Product will be made by E4Life: (i) without undue delay and, in any case, within 14 (fourteen) days from the date when E4Life has been informed of the decision of the Customer to receive a price reduction according to this article; and (ii) unless the Customer expressly accepts otherwise and provided that the latter is not required to bear any expense in relation to such reimbursement, using the same payment method as the Customer used to pay the Product pursuant to article 5.
   8.9. In the events under paragraph 8.7 above, the Customer may terminate the sale agreement, by declaring its intention to terminate the sale agreement, to be served to E4Life to the addresses under paragraph 10.2. The Customer acknowledges and accepts that it will not be entitled to terminate the sale agreement if the conformity defect of the Product is minor.
   8.10. With reference to the Products, in case of termination of the sale agreement by the Customer pursuant to article 8.9, the following effects will unfold:

• E4Life will cease to supply the Product and will abstain from using any contents different from the personal data that has been supplied or created by the Customer during the use of the Product, saved for the purposes expressly provided for by law;
• the Customer shall return the Product to E4Life within 14 (fourteen) days, at the latter’s expenses;
• E4Life will reimburse to the Customer the price paid for the Product purchased upon receipt of the Product.
  8.11. Provided that the Customer is not required to bear any expense in relation to such reimbursement, the reimbursement will be made through cancellation of the transaction directly on the credit card or prepaid card.

9. Applicable law and jurisdiction
   9.1. These Terms and Conditions and, as a result, the sale agreements completed online between E4Life and the Customers, are governed by and interpreted pursuant to Italian laws. In particular, legislative decree no. 70 of 9 April 2003 regarding e-commerce and, if the Customers are consumers, legislative decree no. 206 of 6 September 2005, as subsequently amended and supplemented (Consumer Code), will apply.
   9.2. Any dispute deriving from the interpretation, validity and/or performance of these Terms and Conditions and the relevant agreements, if the Customer is a consumer (namely a legal person purchasing the products for purposes unrelated to its professional activity), the judge of the place of residency or domicile of the Customer will have mandatory jurisdiction. In case the Customer is not a consumer or resides or is domiciled outside the national territory, the Courts of Milan will have exclusive jurisdiction.
10. Complaints and online Platform for the alternative dispute resolution
    10.1. Provided article 9 above, with these Terms and Conditions the Customer is made aware that, pursuant to EU Regulation no. 524/2013 and legislative decree no. 130 of 6 August 2015, the European Commission has established an online platform for the dispute resolution (ODR – online dispute resolution) deriving from the online purchase of goods, accessible through the following link: ec.europa.eu/consumers/odr/.
    10.2. Provided article 9 above and paragraph 10.1 above, the Customer may submit a complaint to E4Life, downloading and filling in the specific form relating to the complaints (available on this webpage: https://www.e4.life/en/terms-and-conditions/) and sending it to E4Life through any of the following channels:
    • to the e-mail address info@e4.life;
    • to the registered e-mail address e4lifesrl@pec.it;
    • registered letter with acknowledgement of receipt to the following address: Via di Santa Sofia 18, ZIP code 20122, Milan, Italy.
11. Changes to the Terms and Conditions and the Products
    11.1. E4Life may modify the Website and these Terms and Conditions at any time, to offer new products or services, or to comply with provisions of law or regulation. The Customer will be subject to the policies and terms of the Terms and Conditions from time to time applicable when it orders a Product from E4Life, unless any changes are required by applicable law or competent authorities (in which case, they could also apply to the Orders that the Customer has previously made). If any provision of these Terms and Conditions is deemed invalid, void or for any reason unenforceable, this will not affect in any way the validity and effectiveness of the other provisions.
    11.2. Any amendments and/or supplements will become effective from the date of publishment thereof on the Website and may be consulted at any moment on the webpage of the Terms and Conditions https://www.e4.life/en/terms-and-conditions/.
    11.3. E4Life reserves the right to change a Product during the relevant sale agreement, not only to maintain the conformity thereof, but also in case of (i) change or update to the features and functions of the Product and/or (ii) change due to any provision of law, decree, regulation or other binding provisions of law or order of any authority, to the extent such provisions are applicable to the sale agreement. Such changes will be made without any additional charges for the Customer.