Terms & Conditions of Sale

1. Scope and acceptance

These Terms and Conditions of Sale (“T&C”) govern all sales of products by Enersens SAS (“Enersens”, “Seller”) to customers (“Customer”, “Buyer”) through the Enersens online shop located at enersens.eu/en/samples/.

By placing an order, the Customer acknowledges having read and accepted these T&C in full. Enersens reserves the right to modify these T&C at any time. The version applicable to an order is the one in force at the time the order is placed.

These T&C apply to both professional buyers (B2B) and individual consumers (B2C). Specific provisions for consumers (within the meaning of the French Consumer Code) are indicated where applicable.

2. Seller identity

Enersens SAS
46 rue Joseph Jacquard
38110 Rochetoirin, France
R.C.S Vienne B 487 842 130
SAS au capital de 344 906 €
Email: contact ୭ enersens.fr
Phone: +33 (0)9 73 32 20 40

3. Products

The products offered for sale are described and presented as accurately as possible on the website. Product images are for illustrative purposes only and are not contractually binding.

Technical specifications provided in product data sheets are indicative values from standard production. For critical applications or specific tolerances, the Customer is invited to contact our technical team prior to ordering.

Products are offered subject to availability. In case of stock shortage, Enersens will inform the Customer as soon as possible and propose an alternative or refund.

4. Prices

Prices are displayed in euros (€). For professional customers, prices may be shown exclusive of VAT. Applicable VAT, shipping costs, and any applicable duties are displayed before order confirmation.

Enersens reserves the right to modify prices at any time. Products are invoiced at the price in force at the time the order is confirmed.

For bulk orders or quantities not listed in the online shop, please contact us for a custom quote.

5. Ordering process

The Customer places an order by:

• Selecting one or more products from the online shop.
• Validating the order summary, including products, quantities, and total price.
• Providing billing and shipping information.
• Accepting these T&C.
• Confirming and paying for the order.

An order confirmation is sent by email after payment. The contract is formed upon receipt of this confirmation. Enersens reserves the right to refuse or cancel any order for legitimate reasons (suspected fraud, payment failure, abnormal quantities, restricted destinations, etc.).

6. Payment

Payment is due in full at the time of ordering. Accepted payment methods include credit/debit card and other methods displayed at checkout. Bank transfer may be accepted on request for B2B orders.

All payments are processed through a secure third-party payment provider. Enersens does not store credit card details on its servers.

Ownership of the products is transferred to the Customer only upon full payment of the order. Risk of loss or damage is transferred upon delivery.

7. Delivery

Products are shipped to the address provided by the Customer. Delivery times are indicative and depend on destination, carrier, and product availability. Enersens cannot be held responsible for delays caused by carriers or events beyond its control.

Shipping costs are calculated based on weight, volume, and destination, and are displayed at checkout before payment.

If the package arrives damaged, the Customer must note any visible defects on the carrier’s delivery slip and contact Enersens within 3 working days. For international shipments outside the EU, the Customer is responsible for customs duties, taxes, and import fees.

8. Right of withdrawal (consumers only)

In accordance with Articles L.221-18 et seq. of the French Consumer Code, consumers (individuals purchasing for non-professional purposes) have the right to withdraw from a purchase within 14 days of receiving the product, without giving any reason.

To exercise this right, the Customer must notify Enersens by email at contact@enersens.fr within the 14-day period, then return the product in its original condition and packaging within 14 days of notification.

Return shipping costs are borne by the Customer. If the right of withdrawal is validly exercised, Enersens will refund all payments received from the consumer, including standard delivery costs, within 14 days from the date on which Enersens is informed of the withdrawal decision. Enersens may withhold the refund until it has received the returned product or until the consumer provides proof of shipment, whichever occurs first. Return shipping costs remain borne by the consumer unless otherwise required by law.

The right of withdrawal does not apply to:

• Products made to the Customer’s specifications or custom-cut.
• Products returned incomplete, damaged, or handled beyond what is necessary to inspect them may give rise to a reduction of the refund amount.
• B2B orders (Professional buyers do not benefit from the statutory consumer right of withdrawal).

See our Refund and Returns Policy for detailed procedures.

9. Legal warranties

Consumers benefit from the legal warranties provided by French law, regardless of any commercial warranty:

• Legal warranty of conformity (Articles L.217-3 et seq. of the French Consumer Code) — 2 years from delivery, covering defects in conformity existing at the time of delivery.
• Warranty against hidden defects (Articles 1641 et seq. of the French Civil Code) — 2 years from discovery of the defect.

To invoke a warranty, contact us at contact@enersens.fr describing the defect and providing the order number and supporting evidence.

10. Liability

Enersens’ products are intended for incorporation into the Customer’s own products or formulations, or for use as thermal barriers within the Customer’s applications. The Customer is solely responsible for assessing the suitability of Enersens products for their intended use, performing all necessary qualification testing, and ensuring compliance with the regulations applicable to their final application.

Technical data, application advice, and recommendations provided by Enersens are given in good faith based on current knowledge, but do not constitute a guarantee of suitability for a specific use. They do not relieve the Customer from its own testing and verification obligations.

Enersens’ total liability under or in connection with the sale shall be limited to the amount paid by the Customer for the products concerned. Enersens shall not be liable for indirect or consequential damages, including loss of profit, loss of business, or interruption of activity. This limitation does not apply in cases of gross negligence, wilful misconduct, or where mandatory legal provisions provide otherwise (notably for consumers).

11. Intellectual property

Skogar® and Kwark® are registered trademarks of Enersens SAS. The sale of products does not grant the Customer any right to use the Enersens trademarks, logos, or any other intellectual property without prior written authorization.

Product data sheets, technical documents, and website content remain the exclusive property of Enersens.

12. Personal data

Personal data collected when placing an order is processed in accordance with our Privacy Policy.

13. Force majeure

Enersens shall not be held liable for any failure to perform its obligations resulting from a force majeure event, as defined by French law and case law, including but not limited to natural disasters, strikes, transport disruptions, raw material shortages, pandemics, or governmental restrictions.

14. Applicable law and jurisdiction

These T&C are governed by French law. Any dispute relating to their interpretation or execution shall be submitted to the exclusive jurisdiction of the competent French courts, subject to mandatory legal provisions applicable to consumers.

In accordance with Article L.612-1 of the French Consumer Code, consumers may, in case of an unresolved dispute, resort to a mediator.

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