General terms and conditions of contract

1. General Terms and Conditions

1.1 These General Terms and Conditions regulate the terms and conditions for the sale of the Products and Services of Enel X Way Italia S.r.l.

1.2 The following definitions apply to this Contract:  

• Customer: any person who purchases and/or intends to purchase one or more Products and/or Services of Enel X Way Italia. 
• General Terms and Conditions (or also 'GTC'): these are the general terms and conditions for the sale of the Products and Services.
• Contract: the contract concluded between Enel X Way Italia and the Customer following the sale of one or more Products or Services of Enel X Way Italia, which consists of the following documents: (i) Pre-contractual Information, (ii) General Terms and Conditions, (iii) Acceptance Form, where applicable, and (iv) Cooling-Off Form.
• Offer Document: shall mean any document, also of a non-technical nature, in which Enel X Way Italia promotes the sale and supply of Products or Services (leaflets/catalogues).
• Enel X Way Italia: Enel X Way Italia S.r.l., with registered office in Rome, Via Ostiense n. 131/L, 00154 -P.IVA Gruppo Enel 15844561009.
• Acceptance Form: is to be understood as the document in which the Customer expresses willingness to purchase the products or services offered by Enel X Way Italia.
• Product or Service: any product or service sold by Enel X Way Italia to Customers.
• Site: the website enelxway.com

1.3 These General Terms and Conditions regulate the sale and/or supply by Enel X Way Italia of Products and/or Services as better identified in the Offer Document viewed by the Customer and are addressed to natural persons acting for purposes outside any professional, craft or business activity possibly carried out (hereinafter also referred to as "Customers").

1.4 Each contract concluded with a consumer Customer is regulated by the 6 September 2005, no. 206 (hereinafter: "Consumer Code") as amended and supplemented for all matters not expressly provided for in these General Terms and Conditions.

1.5 The Services offered to the Customers are described in the Offer Documents, which shall be brought to the attention of the Customers prior to the conclusion of the Contract; they shall be valid and effective until amended and/or supplemented by Enel X Way Italia.

1.6 The Offer Documents, the commercial purpose of which must be unambiguous, shall be provided by Enel X Way Italia in compliance with the principles of good faith and fairness in commercial transactions and evaluated in accordance with the protection requirements of the categories of Customers

2. Conclusion of the Contract. Amendments

2.1 The Contract is concluded when the Customer signs the Subscription Form - or, in the case of purchases on the Site, accepts the General Terms and Conditions.

The issue of the Invoice is in turn subject to the:

• the Customer's lack of previous arrears towards Enel X Way Italia or other Enel Group company, as well as the positive outcome of the Customer's credit check. Enel X Way Italia also reserves the right to verify information issued by external specialised companies for which the Customer hereby authorises the processing of their personal data. In the event of a negative outcome, Enel X Way Italia will notify the Customer of the ineffectiveness of the Contract.
• successful verification of the availability of the Products. Products are available while stocks last. If the Product is not available, Enel X Way Italia will notify the Customer promptly, by email, at the address provided at the time of purchase. In that case, Enel X Way Italia reserves the right to propose an alternative solution to the Customer. The alternative proposal is subject to express acceptance by the Customer, to be communicated to Enel X Way Italia by the deadline and in the manner to be indicated in the proposal from time to time. If the Customer accepts the alternative proposal, this Contract will not become effective and Enel X Way Italia will enter into a new contract with the Customer. If the Customer refuses or does not expressly accept the alternative proposal within the term and in the manner indicated in the proposal, this Contract will not become effective and Enel X Way Italia will reimburse the Customer any sums already paid, without any further payment being due to the Customer for any reason whatsoever, including compensation

In the case of Products requiring installation, the issue of the Invoice will be further subject to the positive outcome of the technical feasibility check: in the event of the negative outcome of said check, the Invoice will not be issued, the Customer will not pay, and the Contract will therefore have no effect and will be automatically terminated.

In the event of the purchase of Products and/or Services by payment of the amount due by one of the other available methods (e.g. by credit card), the Invoice will be issued immediately but the effectiveness of the Contract will remain subject to:

• the Customer's lack of previous arrears towards Enel X Way Italia or any other Enel Group company, as well as the positive outcome of the Customer's credit check. Enel X Way Italia also reserves the right to verify information issued by external specialised companies for which the Customer hereby authorises the processing of their personal data. In the event of a negative outcome, Enel X Way Italia will notify the Customer of the ineffectiveness of the Contract.
• successful verification of the availability of the Products. Products are available while stocks last. If the Product is not available, Enel X Way Italia will notify the Customer promptly, by email, at the address provided at the time of purchase. In that case, Enel X Way Italia reserves the right to propose an alternative solution to the Customer. The alternative proposal is subject to express acceptance by the Customer, to be communicated to Enel X Way Italia by the deadline and in the manner to be indicated in the proposal from time to time. If the Customer accepts the alternative proposal, this Contract will not become effective and Enel X Way Italia will enter into a new contract with the Customer. If the Customer refuses or does not expressly accept the alternative proposal within the term and in the manner indicated in the proposal, this Contract will not become effective and Enel X Way Italia will reimburse the Customer any sums already paid, without any further payment being due to the Customer for any reason whatsoever, including compensation

2.2 Enel X Way Italia shall have the right, throughout the duration of the Contract, to vary the contractual and/or technical conditions of the Service and/or its Products by giving written notice thereof to the Customer at least 30 (thirty) calendar days in advance. In this case, if the Customer does not accept the variation, they will be entitled to terminate the effects of the Contract by notifying Enel X Way Italia no later than 15 (fifteen) calendar days from the date of receipt of the variation notice, to be sent to the following address:enelxway.italy.support@enel.com. In this case, the Customer's only right shall be that of having any sums paid refunded, where applicable and in proportion to the amount of the Service that may not have been used and without anything further to be paid to the Customer for any reason whatsoever, including compensation. If Enel X Way Italia is not notified of the rejection of the variation by the deadline and in the manner provided for in this paragraph, the variation shall be deemed to be accepted unreservedly and irrevocably by the Customer and shall apply from the day indicated by Enel X Way Italia in the variation notice

3. Right to change your mind/Right of withdrawal

3.1 Pursuant to the regulations set forth in the Consumer Code, the Contract will be subject to the provisions relating to distance and off-premises contracts, as amended and supplemented, where the conclusion thereof is effected by telephone, web or other distance communication technique, or through an agency appointed by Enel X Way Italia. In case of contracts having as their purpose the provision of Services, the Customer will be entitled withdraw without charge no later than 14 days after entering into the Contract; in the case of contracts having as their purpose the sale of Products, the Customer will be entitled to withdraw without charge no later than 14 days after delivery of the Product. The right of withdrawal can be exercised by sending the attached Withdrawal Form through the mailbox enelxway.italy.support@enel.com, or by expressing this wish through the toll-free number 800.069.850.

3.2 For Products that provide for installation, in the event of a request for early installation of the Product, any exercise of the right of withdrawal under Article 3.1 will entail the provision and de-installation of the Product at the expense of the Customer, who will also be obliged to pay Enel X Way Italia the costs incurred by this latter for the Service rendered up to that time (e.g. inspection expenses, administrative permits, etc.), in application of the provisions of the Consumer Code, costs which the Customer declares willingness to pay from the outset. In the event that the purchase price for the Product has already been paid, it will be returned minus the aforementioned charges, in accordance with the law. It is understood that if the right of withdrawal is exercised prior to the technical feasibility check, no charge will be made to the Customer.

3.3 The installation of the Product, except in the case of premature installation, shall not take place earlier than 14 calendar days after its delivery. During this period and for as long as is necessary to carry out the required and/or preparatory practices for installation, the Customer is responsible for the safekeeping and proper storage of the Product in a safe, dry place protected from the weather, preferably near the area where the installation is to be carried out.

3.4 In the case of Products that do not require installation, the Customer who intends to avail of the right to change their mind is obliged to return the Product intact in the manner indicated in the Subscription Form.

4. Delivery and service procedures for products without installation

Enel X Way Italia can only accept orders for delivery within Italy.

Shipping costs are borne by the Customer, unless otherwise specified and are explicitly highlighted when placing the order. Payment of the goods by the Customer shall be made using the method chosen at the time of ordering.

Delivery of the ordered goods is by the roadside, unless otherwise specified.

The delivery times of the ordered goods communicated at the time of purchase may vary due to force majeure or due to traffic and road conditions in general, or by act of the Authority. Standard delivery will take place at the following times: 9 a.m. to 1 p.m.; 2 p.m. to 6 p.m., every day, except public holidays, Monday to Friday.

No liability can be attributed to Enel X Way Italia in the event of delays in processing the order or delivery of the ordered goods due to problems beyond its control.

Upon delivery of the goods by the courier, the Customer shall check:

1. that the number of packages delivered corresponds to the number indicated on the delivery note or transport document (DDT);
2. that the packaging is undamaged, not damaged, not wet or otherwise altered.

Any mismatch in the number of packages must be immediately notified by the Customer to the delivering courier by placing a specific reservation of shortage on the accompanying document (DDT). The Customer is also required, within 7 days from the date of delivery, to open an anomaly procedure with Enel X Way Italia via their reserved area on the enel.it siteenelxway.com by clicking on the "Request Assistance" button present in the order and specifying in the message the problem encountered (e.g.: "Some products I ordered are missing”).

Any external damage to the packaging detected at the time of delivery must be immediately reported by the Customer to the delivering courier, placing a specific reservation of damage on the accompanying document (delivery note). The Customer is also requested, within 8 days from the date of delivery, to report the problem by sending an email (with a photo of the outer packaging accompanying it) to the mailbox enelxway.italy.support@enel.com. After ascertaining the specific reservations, Enel X Way Italia will replace the damaged Product, which shall be returned in its original packaging.

Once the courier's document has been signed, the Customer may not object in any way to the external characteristics of the packaging delivered.

Any hidden damage or anomalies (Product with intact outer packaging, but which upon opening has only revealed malfunctions and/or defects that are a direct consequence of the production phase) must be reported to Enel X Way Italia Customer Service, within 8 days from the date of delivery, at the following address enelxway.italy.support@enel.com, containing:

• a description of the problems encountered;
• the Serial Number of the Product;
• whether or not all the expected accessories are present in the packaging, giving details of any missing accessories;
• attach photos of the Product and the 4 sides of the outer packaging and the 2 ends (top and bottom).

Once the damage has been ascertained, Enel X Way Italia will replace or repair the damaged Product in the manner as indicated on a case-by-case basis. Any return for replacement of the Product must be made in the original packaging.

Any report (for this kind of malfunction and/or defect) after the above deadlines will not be taken into account.

For each declaration, the Customer assumes full responsibility for what is declared.

5. Guarantees

5.1 Legal Guarantee of Conformity

All products sold by Enel X Italia are covered by the guarantee for conformity defects envisaged by the Consumer Code (hereinafter, the "Legal Guarantee of Conformity"), which lasts 24 months from the date of delivery of the goods, in the case of Products without installation, and from the date of the first commissioning of the system (resulting from the documents delivered to the Customer), in the case of Products with installation.

The Legal Guarantee of Conformity is a form of consumer protection provided for by the Consumer Code (Article 128 et seq.), implementing EU Directive 1999/44/EC. The guarantee in question may be asserted in the event that the purchased Product presents a conformity defect with respect to the sales contract.

In order to assert the Legal Guarantee of Conformity, it is necessary to notify Enel X Way Italia of the presence of the conformity defect. It is important always to retain proof of purchase (tax receipt) for the duration of the Legal Guarantee of Conformity (two years). In addition, it is recommended to keep the documents confirming dispatch and delivery of the product (DDT) in the case of Products without installation, and the Work Completion Report in the case of Products with installation.

The defect can be considered a conformity defect, by way of example but not limited to, when the product or good purchased:

1. does not conform to the description made by the seller or does not possess the qualities presented to the consumer;
2. does not correspond to the use declared by the seller or for which that good is generally intended;
3. does not have the usual qualities and performance of a good of the same type that the consumer can reasonably expect;
4. is not suitable for the particular use intended by the consumer.

A lack of conformity resulting from the incorrect installation of the goods shall be regarded as such if:

   a) the installation is provided for in the sales contract and has been performed by the seller or under the seller's responsibility; or

   b) the installation, which is to be carried out at the consumer's expense, was carried out by the consumer and the incorrect installation is due to deficiencies in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or the supplier of the digital content or the digital service.

In the case of goods with digital elements, where the contract of sale provides for the continuous supply of the digital content or digital service for a period of time, the seller is also liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within two years from the time of delivery of the goods with digital elements.

If the contract provides for continuous supply for more than two years, the seller shall be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent during the period of time during which the digital content or digital service is to be supplied under the sales contract.

Where the repair requires the removal of the goods installed in conformity with their nature and purpose before the lack of conformity became apparent, or where it proves necessary to replace the goods, the obligation to repair or replace the goods includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the obligation to bear the costs of removal or installation.[GC2(R1)

Please note that the Legal Guarantee of Conformity does not cover defects resulting from an accident (impact, crushing, scratches, etc.), improper or abusive use of the Product, or unauthorised alterations, repairs or handling.

In the event of a conformity defect, the purchaser who also qualifies as a consumer will be entitled to have the conformity of the goods restored free of charge (by repair or replacement at the consumer's choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other) or will be entitled to an appropriate price reduction or to termination of the Contract, if one of the following situations occurs

a. replacement and repair of the goods are not possible or are excessively expensive;

b. Enel X Way Italia has failed to repair or replace the goods within a reasonable period of time;

c. Enel X Way Italia declares that it will not proceed with conformity restoration within a reasonable period of time or without significant inconvenience for the customer.

d. the conformity defect manifests itself despite the restoration attempt by Enel X Way Italia.

e. the lack of conformity is so serious as to justify immediate reduction of the price or termination of the contract.

In determining the amount of the price reduction or the sum to which the consumer is entitled in such cases, account will be taken of the use that has been made of the goods. A minor conformity defect for which the remedies of repair or replacement could not or would be unreasonably onerous is not grounds for termination of the Contract.

If the lack of conformity relates only to some of the goods delivered under the sales contract and there is a ground for termination of the sales contract, the consumer may rescind the contract only with regard to the non-conforming goods and the goods purchased together with the non-conforming goods, if there is no reasonably foreseeable interest on the part of the consumer in keeping the goods free from defects in their possession.

If, following intervention, the conformity defect is not found, Enel X Way Italia will communicate the repair estimate to the Customer, who may decide whether or not to carry out the repair at their own expense. In this case, any transport and diagnostic costs of the defect will be borne by the Customer.

To receive assistance on Products covered by the Legal Guarantee of Conformity, please contact Enel X Way Italia Customer Service at the toll-free number 800.069.850.

6. Technical Conditions

By signing the Contract, the Customer affirms that they possess the necessary technical requirements, as specified in the Application Form for the proper supply of Enel X Way Italia's Services and Products.

7. Customer’s Obligations

7.1 The Customer shall:

• enable Enel X Way Italia to perform all activities necessary for the performance of the services described in the Application Form;
• provide Enel X Way Italia, in a timely manner, with the information and documentation, including of a technical nature, necessary for the performance of the Contract;
• promptly notify Enel X Way Italia of any variation in the data provided for the purposes of the execution of this Contract;
• remove any obstacle, whether material or legal, that may constitute an impediment or slowdown in the performance of the Contract;
• grant Enel X Way Italia, for the entire duration of the performance of the services covered by the Contract, the availability of the work areas;
• implement all necessary behaviour so that installation and/or maintenance and/or repair operations can be carried out in safe conditions, in compliance with technical maintenance standards and accident prevention regulations;
• provide for the regular and full payment of the price indicated in the Subscription Form, in accordance with the terms set forth therein, within 30 (thirty) days from the issue of the Invoice. In the event of non-payment within that period, the Contract shall be deemed automatically terminated and shall cease to have any effect. 

7.2 In the case of Products involving installation, the Customer will also provide the necessary documentary evidence, depending on the Product to be installed, as specified in the Subscription Form.

7.3 The Customer undertakes to provide accurate personal data and to keep said data up to date during the term of the Contract.

8. Customer Declarations

The Customer, by adhering to the Contract, in the case of Maintenance and/or Repair Services, warrants that the systems are not in the course of construction/installation and that they are located in an accessible place. Depending on the Service offered, the Customer will be required to declare the existence of the necessary conditions for obtaining tax benefits/deductions in the Subscription Form.

9. Enel X Way Italia’s Obligations 

Enel X Way Italia will be responsible for the performance of all activities necessary or appropriate for the execution of the Contract, except for those specifically provided for by the Customer under the Contract.

In the case of Products involving installation, the following are also the responsibility of Enel X Way Italia:

• import permits and licences for the materials used;
• the organisation of the direction and management of the contract, as well as the fulfilment of the requirements of Legislative Decree 9 April 2008, no. 81, on the “Implementation of Article 1 of Law No 123 of 3 August 2007 on the protection of health and safety in the workplace”;
• the removal, upon completion of the work, of Enel X Way Italia's equipment and the subsequent clearing of the work area.

10. Free take-back of used equipment

10.1 In compliance with Ministerial Decree 65/2010 Art. 1 (1), Enel X Way Italia, as a distributor, ensures, at the time of supply of a new electrical and electronic appliance (hereinafter referred to as EEE) the free take-back of the old electrical or electronic appliance (referred to as WEEE) having the same functionality as the one covered by the contract. It should be noted that the free take-back of WEEE (1-for-1 dictated by DM no. 65/2010) is available provided that it is derived from a household, is of an equivalent type to the new EEE, and has performed the same functions as the newly purchased equipment.

10.2 For the aforesaid activities, Enel X Way Italia will make use of third parties that possess the characteristics and requisites required by law for the performance thereof. Withdrawal will be for the same Product and quantity delivered.

10.3 Exclusions: there shall be no free take-back in respect of a purchase of Products not belonging to the EEE category. Free take-back may be refused if there is a risk of contamination of the take-back personnel or if it is clear that the equipment in question does not contain its essential components or contains waste other than WEEE (Legislative Decree 49/2014 Art. 12 (4). Professional WEEE is excluded from this Contract.

10.4 The possibility to make use of this withdrawal must be expressed at the time of purchase.

10.5 Sensitive data and information contained in the memories of the equipment shall be deleted by the Customer before collection by Enel X Way Italia .

10.6 It is clarified that, in the event of a repossession, the return of the good does not include the relevant WEEE that may have been collected by the Distributor on a one-for-one basis.

11. Billing

Invoices are issued in electronic format, as provided for in Art. 1 (909) of the Budget Law for 2018 (L. 27 December 2017, no. 205), according to the technical specifications approved by the provisions of the Director of the Revenue Agency, transmitted through the SdI (Sistema di Interscambio) and sent to the email address or billing address indicated in the purchase and/or in the Application Form.

12. Notifications

Where no particular mode is foreseen, notifications relating to the Contract may be addressed to Enel X Way Italia at the mailbox enelxway.italy.support@enel.com. Customer Service is available at the toll-free number 800.069.850.

13. Applicable Law and Jurisdiction

The Contract is regulated by Italian law. The Court of the place of residence or domicile of the Customer, if located in the territory of the State, shall have jurisdiction in respect of any disputes relating to the validity, effectiveness, execution and interpretation of the Contract, connected therewith or arising therefrom. For anything not expressly provided for in the Contract, the provisions of the Italian Civil Code shall apply.  

In the event of problems related to the purchase of a Product and/or Service, the Customer may activate an alternative dispute resolution procedure through one of the public or private bodies set up on a permanent basis and registered in a special list (provided for by the Consumer Code as amended and supplemented).

The European Commission also provides an online dispute resolution platform, which the customer can access via the following link: https://ec.europa.eu/consumers/odr/