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General terms and conditions of sale
Identification code: 2020 V.1
1.1. For the purposes of these General Terms and Conditions of Sale, in addition to other definitions contained therein, the below listed expressions shall have the following meanings:
- “Authorities”: means, with reference to the Italian legal system: public administrations (set out in article 1 paragraph 2 of Legislative Decree no. 165/2001, and identified pursuant to article 1, paragraph 3 of Law no. 196/2009 and subsequent amendments and supplements), public law bodies, associations, consortia comprised of such parties, any judicial authority and any foreign body similar thereto.
- “Customer”: the natural person who buys the Products from the Supplier for purposes not related to the business, entrepreneurial or professional activity possibly carried out, qualifying as a final consumer under the Consumer Code.
- “Consumer Code”: Legislative Decree 6 September 2005 no. 206 and subsequent amendments and supplements.
- “General Terms and Conditions of Sale”: these contractual conditions of sale applicable to each Contract.
- “Contract”: he purchase and sale contract of Products between Supplier and Customer, entered into remotely by means of telematic network through the B2C Platform. Each Contract will consist of these General Terms and Conditions of Sale and of the Order once accepted by the Supplier pursuant to Article 4.6 below.
- “Consideration”: means the total consideration owed by the Customer to the Supplier for the supply of the Products under the Contract.
- “Effective Date”: has the meaning set out in Article 2.3.
- “Intellectual Property Rights”: any industrial and intellectual property right, whether registered or unregistered, including but without limitation, trademarks and other distinctive signs, patents for invention and utility model, software, designs and models and all applications, concessions and/or registrations, renewals, extensions, pre-use and priority rights relating to the above.
- “Supplier”: Lampick S.r.l., with registered office in Mirano (VE) - 30035, via Taglio Destro no. 32, registered in the Companies Register of Venice-Rovigo (REA no. VE-433162), Tax code and VAT Number 04612360273, share capital Euro 10.000,00 fully paid up, PEC [email protected], E-mail [email protected].
- “Business Day”: each day on which banks are open to the public for ordinary counter activities in Mirano (VE) and Venice
- “Law”: means any applicable law, decree, regulation, directive, order or decision, whether Italian, EU or foreign, regardless of which Authority promulgates it.
- “Order”: any contractual proposal for the purchase of Products made by the Customer to the Supplier with the modalities described in Article 4.
- “B2C Platform”: the Supplier's platform for the online sale of Products accessible at www.lampick.com.
- “Price” the price of the Products as per art. 5.
- “Products”: the Products marketed by the Supplier through the B2C Platform.
2. General Terms and Conditions of Sale
2.1. The General Terms and Conditions of Sale:
- constitute the contractual conditions applicable to each Contract entered into after the Effective Date;
- shall be deemed to be referred to and form an integral part of each Order.
2.2. The General Terms and Conditions of Sale are available in the footer of the B2C Platform’s homepage and can be freely downloaded and printed by the Customer also for the purposes of article 12 of Legislative Decree no. 70/2003 and subsequent amendments. These General Terms and Conditions of Sale are available not only in Italian but also in English.
2.3. The Supplier has the right to update, supplement or amend the General Terms and Conditions of Sale at any time, also for the purposes of article 7 of Legislative Decree no. 70/2003, with effect for Contracts entered into after the publication date of the new General Terms and Conditions of Sale on the B2C Platform (the "Effective Date").
2.4. The General Terms and Conditions of Sale are characterised by a code identifying the year and version. Upon each update, supplement or amendment the version identification number is progressively updated. It is the Customer's responsibility to check the content of updates, supplements or amendments.
2.5. The General Terms and Conditions of Sale are deemed to be known and unconditionally accepted by the Customer with the affixing of the flag in the specific acknowledgement and acceptance field on the B2C Platform at the time of (i) the creation of an account and/or (ii) the validation of an Order.
2.6. The specific approval, pursuant to and to the effects of arts. 1341 and 1342 of the Italian Civil Code, of the following clauses: art. 6.3 (ownership transfer and risk transfer) - art. 7.4 (delays in delivery) - art. 8.5 (limits to the warranty) - arts. 10.2, 10.5, 10.8 (limits to the right of withdrawal), art. 14 (force majeure) occurs with the affixing of the flag in the specific acknowledgement and acceptance field on the B2C Platform at the time of (i) the creation of an account and/or (ii) the validation of an Order.
2.7. Sales of Products are governed by, in order of hierarchy:
- mandatory provisions of Law;
- General Terms and Conditions of Sale and Order. In case of discrepancies between the contents of the General Terms and Conditions of Sale and of the Order, the General Terms and Conditions of Sale shall prevail;
- dispositive Law provisions.
2.8. The applicability of any clause and/or arrangement not in accordance with the provisions of these General Terms and Conditions of Sale and the Order is excluded.
2.9. These General Terms and Conditions of Sale and the documentation referred to therein are in accordance with Chapter I, Title III, Part III of the Consumer Code.
3. Information and presentation of Products
3.1. All information on the Products’ essential features are provided next to each Product image as published on the B2C Platform.
3.2. The Customer acknowledges that the Products images published on the B2C Platform may not be correctly displayed by the Customer and, therefore, may not exactly correspond to those uploaded on the B2C Platform by the Supplier, depending on the Internet browser or device used by the Customer.
4.2. The Customer will be entitled to freely modify his/her "shopping cart", delete one or more initially selected Products, modify the quantities ordered or, alternatively, add a Product by clicking on the corresponding items inside the "shopping cart".
4.3. After having completed his/her selection of Products, the Customer can log in to his/her account to validate the Order. The Customer can also log in to his/her account before selecting the Products. If the Customer already has a Customer account, he/she can log in with his/her e-mail address and password. If the Customer does not yet have an account, he/she can create one by entering his/her name, address, e-mail address and telephone number when placing the Order. In this regard, the Customer undertakes to enter exclusively correct and truthful data. The Customer's access data and password are intended to be used only by the Customer, therefore each Customer undertakes to protect them and not to communicate them to third parties. The Customer also undertakes to inform the Supplier without delay in case of loss, theft or fraudulent use of the access credentials to his/her account.
4.4. The Order can also be validated as a "guest" without creating or accessing an account.
4.5. Moreover, before confirming and placing the Order, the Customer will have the opportunity to accurately verify the correctness of the Products added to the "shopping cart" and the data entered.
4.6. All Orders are subject to acceptance by the Supplier. The Order can be considered accepted, and the Purchase Contract entered into, when the Supplier sends the Customer an Order confirmation e-mail. The Order acceptance will contain a summary of the Order and of these General Terms and Conditions of Sale and the further information provided for by the Consumer Code and by Legislative Decree 9 April 2003 no. 70 (among which information related to the purchased Product’s essential characteristics, the detailed indication of the Price, the payment means used, the delivery methods and expenses, as well as the information on the right of withdrawal and on its exercise).
4.7. Electronic mail is considered a suitable means of communication between Supplier and Customer, as well as the automatic registration systems used on the B2C Platform, in particular with regard to the Order’s nature and date. In this regard, the e-mail address to which the Supplier declares wanting to receive any Contracts-related communication is: [email protected].
4.8. The Customer Order, the Order acceptance of the Supplier and the General Terms and Conditions of Sale applicable to the Contract will be electronically stored by the Seller in its computer systems and the Customer may consult such documentation by accessing the "Reserved Area" section of the B2C Platform or in any case request a copy by sending the Supplier an e-mail.
4.9. The Products availability is continuously monitored and updated. However, since the B2C Platform can be visited by several users at the same time, it may happen that several users, simultaneously, purchase the same Product. In such cases, therefore, the Product may seem available, for a short period of time, whereas it is actually out of stock or not immediately available. Should the Product prove to be unavailable for the aforementioned reasons or in the other cases of Product occurred unavailability, the Supplier will promptly notify the Customer by e-mail that he/she may:
- withdraw from the Contract obtaining a refund of the Consideration or, alternatively,
- wait for the Product to become available again within the timeframe indicated by the Supplier in the e-mail received from the latter; in this case, the Supplier will deliver the Product within the terms set out in article 7.4 below starting from the date on which the Product becomes available again. The exercise by the Client of the powers referred to in points 4.9(a) and 4.9(b) must be notified by the Customer to the Supplier by e-mail.
5.1. The Products Price is expressed in Euro and includes Value Added Tax (VAT).
5.2. The Price does not include the shipping costs that will be charged to the Customer to the extent expressly indicated before each Order confirmation in relation to the shipping method chosen.
5.3. The Supplier reserves the right to modify the Products Price at any time. The amendment will not be applied to already confirmed Orders.
6.1. Upon sending the Order, the Customer can choose one of the following payment methods:
- Visa Mastercard and Maestro credit and prepaids cards;
- bank transfer.
6.2. If payment is made by credit card, data indicated for invoicing must coincide with those of the holder of the credit card used for the payment.
6.3. The ownership of the Products will be considered transferred with the full payment of the Price. The risk of Products deterioration and loss will be transferred upon receipt of the Product by the Customer or the third party designated thereby.
6.4. n the event that for any reason (a) the debiting of the amount due by the Customer is impossible (e.g. due to refusal by the credit card issuer, etc.) or (b) the bank transfer is not credited, the Supplier may immediately stop processing the Order and cancel the sale.
7. Delivery of Products
7.1. Products will be shipped to the address indicated in the Order, provided that it is located in one of the countries that can be selected from the specific list in the Order's compilation procedure, only after full payment of the Price has been received.
7.2. Before submitting the Order, the Customer can choose one of the following types of shipment:
- with express courier.
The shipping cost will be displayed before the choice.
7.3. The Order will be processed approximately within 3 (three) Business Days from the date it was placed.
7.4. The Products will be shipped to the Customer by couriers belonging to independent carriers and independent from the Supplier. The Supplier shall deliver the Products to the Customer no later than 8 (eight) Business Days after the conclusion of the Contract. Except in cases of wilful misconduct or gross negligence, the Supplier shall in no way be liable for any delays in delivery due to the responsibility of the carriers or to causes not ascribable to the Supplier.
8.1. Products available on the B2C Platform are guaranteed, according to the Law, for compliance defects manifested within 5 (five) years from delivery and the Customer has at his/her disposal the remedies provided for by art. 130 of the Consumer Code. In particular, in case of lack of compliance, the Customer may obtain:
- the restoration of Product compliance or its replacement, at the discretion of the Customer and without charges to the latter, unless the remedy requested is objectively impossible or excessively burdensome compared to the other, or
- a fair Price reduction (which also takes into account the Product use) or termination of the Contract (excluding the cases of minor compliance defects for which it has not been possible or is excessively burdensome to exercise the repair or replacement remedies) only where:
(i) the Product repair or replacement is impossible or excessively burdensome, or
(ii) he Supplier has not replaced or repaired the Product within a reasonable period of time,
(iii) he previously carried out replacement or repair has caused considerable inconvenience to the Customer.
8.2. The Customer is required to report the lack of conformity within 2 (two) months from the discovery under penalty of forfeiture of the warranty.
8.3. The action to enforce defects not maliciously concealed by the Supplier is time barred after 26 (twenty-six) months from receipt of the Product.
8.4. n order to exercise the rights related to the warranty of purchased Products as per article 8.1 above, the Customer must notify the Supplier by filling in and sending the "RETURNS FORM" available in the F.A.Q. section of the B2C Platform. The Supplier will contact the Customer to arrange for the withdrawal of the Product for its replacement or repair.
8.5. Any Supplier's liability or indemnity obligation is excluded and the Customer's right to warranty is forfeited, even for the future, if:
- the Supplier has not been permitted, according to reasonable terms and modalities, to examine the allegedly non-compliant Products;
- the Products have been modified;
- the Products have been installed or used in a manner that does not comply with the prescriptions laid down in the Supplier's technical documentation;
- repair or maintenance works have been carried out by unqualified personnel;
- spare parts, accessories or consumable products (bulbs, batteries, etc.) not compliant with the requirements of the Supplier's technical documentation or defective have been used in the Products.
8.6. It remains understood that the Customer will not be charged with any expenses for the exercise of the right to legal warranty in relation to the purchased Products.
9. After-sales service
9.1. For repairable Products, the Supplier provides after-sales service according to the terms and conditions described at the following link.
10. Right of withdrawal
10.1. The Customer has the right to withdraw from the Contract entered into with the Supplier, without any penalty and without having to specify the reason, within 14 (fourteen) calendar days from the day on which the Products purchased on the B2C Platform are delivered thereto.
10.2. Any Product can be returned as long as it is new, unused, complete with original packaging, instructions, warranty booklet, certificates and accessories.
10.3. In order to exercise the right of withdraw from the Contract, the Customer must provide the Supplier with an explicit declaration of his/her intention to withdraw from the Contract. Alternatively, the Customer can fill in and send the "RETURNS FORM" available in the F.A.Q. section of the B2C Platform within the deadline referred to in article 10.1 above.
10.4. The Customer must return the purchased Products by delivering them to the courier for shipment within 14 (fourteen) days following the date on which the Supplier was informed of the decision to withdraw from the Contract.
10.5. The Customer shall send the Products to be returned at his/her own expenses to the Supplier's address and shall be responsible in case of loss or damage of the Products during transport.
10.6. Upon receipt of the returned Products, the Supplier will promptly verify compliance with the terms and conditions of withdrawal, communicating the outcome to the Customer by e-mail.
10.7. If the right of withdrawal has been correctly exercised, the Supplier shall send confirmation of acceptance of the Products and refund the sums paid for the purchase of the Products (including any shipping costs charged in the Order, except for the additional costs resulting from the choice of a type of delivery different from the standard one offered by the Supplier) using the same method used for payment, unless the Customer has expressly agreed otherwise.
10.8. The right of withdrawal is excluded in the cases provided for by the Law, for example in the case of tailor-made for or customized by the Customer Products.
10.9. Whatever the payment method used by the Customer, the refund procedure is activated by the Supplier in the shortest possible time and in any case within 14 (fourteen) calendar days from the date on which the Supplier became aware of the exercise of the right of withdrawal, upon receipt and verification of the returned Products.
10.10. If there is no correspondence between the Customer indicated in the Order and the person who made the payment of the sums due for the purchase of the Products, in case of exercise of the right of withdrawal, the Supplier will reimburse the sums paid exclusively to the person who made the payment and, in this case, the Supplier will in any case be released.
11.1. In case of purchase by the Customer of a new Product that has electrical and electronic components, the Supplier undertakes free of charge to collect and dispose of a product of similar type that has electrical and electronic components given thereto to this end by the Customer who will be able to contact the Supplier by e-mail at [email protected].
12. Intellectual Property
12.1. The Customer declares to be informed and acknowledges that all Intellectual Property Rights on any sign, layout, trademark, image, photograph, drawing, illustration, written or graphic text used on the B2C Platform and, more generally, any Intellectual Property Rights relating to the B2C Platform and/or the Products are and shall remain the exclusive property of the Supplier and/or its licensors, without the Customer deriving any rights thereover from the access to the B2C Platform and/or the purchase of the Products. The Contract therefore does not imply any assignment or license to the Customer of any Intellectual Property Right of the Supplier on the Products or on the contents and materials present on the B2C Platform.
12.2. The following is therefore, by way of example and without limitation, expressly forbidden:
- any reproduction, download, modification or use, in whole or in part, of the trademarks, illustrations, images, photos, logos and drawings published on the B2C Platform, for any reason and on any medium, without the Supplier’s express written consent;
- the creation of hyperlinks to any page or component of the B2C Platform;
- any non-compliant use of the B2C Platform and, in particular, the commercial use of any of its components (articles presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.).
13. Protection of Personal Data
13.2. By affixing the flag in the relevant field on the B2C Platform upon (i) the creation of an account and/or (ii) the validation of an Order acknowledges having read the disclosure required pursuant to the Regulation.
14. Force Majeure
14.1. The Supplier shall not be liable in the event of total or partial non-fulfilment of its obligations under any Contract entered into under these General Terms and Conditions of Sale, if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strikes and/or restrictions on viability of couriers and air connections, epidemics. If, due to one of these force majeure events, it proves impossible for the Supplier to process the Order or deliver the Products for a period longer than 30 (thirty) days, the Customer shall have the right to withdraw from the Contract and obtain a refund of the Consideration, subject to prior timely notification to the Supplier by e-mail.
15. Customer service
15.1. For any information related to the purchase of Products through the B2C Platform or to the warranty, withdrawal or otherwise, the Customer can contact the Supplier's customer service by e-mail at [email protected].
16. Applicable Law and Competent Jurisdiction
16.1. These General Terms and Conditions of Sale are governed by Italian law.
16.2. In the event of disputes between Supplier and Customer, the Supplier declares to adhere to the "Solve Online" online conciliation method provided by the Chamber of Arbitration of the Milan Chamber of Commerce. For information or to send a request for conciliation, please visit www.risolvionline.com.
16.3. The Customer is in any case free to bring an action before the competent judge at his/her residence or domicile.