pursuant to and by effect of Article 49 of Legislative Decree No. 206, dated 6 September 2005 (“Consumer Code”)
The precontractual information below is an integral part of the “online purchase agreement” for products that the Vendor undertakes to conclude under a system of remote sales from the same organized through its website (https://www.forisluce.it/
). It cannot be changed except as a result of further express agreement with the Customer.
1) Vendor Identification
Light Engineering + Design Srl
Foris l’Origine delle Idee
Via San Marco, 11 C int. 56
35129 – Padova
Registration in the Padua Business Registry, n. PD – 411716Partita VAT: 04706910280
Phone: +39 049 0980809
E-mail address: [email protected]
Via Spagna, 6
35010 – Vigonza (PD)
(hereinafter referred to as the «Vendor»).
2) Key product features
The products and their essential features are indicated directly on the Vendor’s website on the page https://www.forisluce.it/
. For each product viewed, the customer will have access to information containing the main tech specs, data related to the product itself and how to correctly operate it.
Certain specific products may be customized (e.g., through custom engravings on the product, use of particular processing materials, etc.) that the Customer will be able to agree with the Vendor. These products are, however, governed differently to the online sale of standard products (e.g. differentiated delivery terms, no right of rescission).
The Vendor hereby guarantees the compliance of the products marketed through its website to industry regulations in the European Union.
3) Total price of products
All sales prices of the products in the Vendor’s online catalogue are expressed in euros and include VAT and any other tax.
The shipment cost and any additional costs are not included in the purchase price, but indicated and calculated separately. By filling out the purchase order, and in any case before the purchase process is complete, the Customer will be able to verify these costs and charges.
4) Payment methods
The payment of the price can only be made by means of one of the methods indicated at the time of the payment itself, in the appropriate format. At the time of payment, the Customer may be asked for certain personal information in order to verify the identity of the cardholder and to authorize the transaction.
The Vendor hereby guarantees that all communications related to payments be protected by an encryption system; the Vendor also ensures that payment-related information shall be stored with an additional level of security encryption and in accordance with the existing rules on the protection of personal data.
In any event, the Vendor takes no responsibility for any fraudulent and unlawful use (for example credit card fraud) that may be made by third parties when paying for the purchased products, provided they can prove that all possible precautions, dictated by the technological and scientific state of the art and by ordinary diligence, have been taken.
Since the conclusion of the purchase procedure implies the onset of the Customer’s obligation to pay the price of the chosen products, it is here expressly stated that when the order is sent (as indicated in the following paragraph 9) the contract with the Vendor is concluded and there is an obligation to pay. It should also be noted that the Vendor shall proceed only after the actual receipt of the sum due, and having confirming to the Customer that the item(s) ordered are available and can therefore be delivered (pursuant to and by effect of the following Article 10).
5) Means and times of delivery
After confirmation of the order, the products will be shipped within the following timeframes:
- 30 (thirty) days, for standard products;
- 60 (sixty) days, for products that require customization.
Without prejudice to the above timeframes, the delivery times reported by the Vendor at the time of purchase must still be considered indicative, being variable in function of the destination of the products. In particular, for deliveries outside the European Union, the timeframes could be longer than those mentioned above; in this case the Customer will be given suitable indication regarding the longer timeframes.
It should also be noted that if the Vendor is not able to make the delivery within the deadline indicated at the time of purchase, they will still give timely notice thereof to the Customer by e-mail to the address indicated on registration of their personal data.
Deliveries are made from Monday to Friday, which is why the Vendor suggests that the Customer provide an address at which delivery of the products can still be guaranteed.
When the products are delivered, the Customer is required to check that the package is closed, intact, and that there are no signs of damage or tampering. If these are detected, it is the responsibility of the Customer to report them to the courier at the time of receipt, also advising the Vendor of such in a timely fashion via the e-mail address [email protected]
6) Right of rescission
The Customer has the right to withdraw from a contract pertaining to the purchase of standard products within 14 (fourteen) days. More precisely, the rescission period expires after 14 (fourteen) days from the time at which the Customer acquires physical ownership of the products purchased online
In the case of customized products
, as in paragraph 2, the Customer is not granted the right to withdraw from the contract, in accordance with Article 59, letter (c) of Legislative Decree n° 206, dated 6 September 2005 (“Consumer Code”), as the goods in question are clearly personalized. As a result, in addition to not having the right to withdraw from contractual commitments regarding the online purchase, the Customer shall not be entitled to request a refund for said items.
In order to exercise the right of rescission, the Customer must inform the Vendor of their decision to withdraw from this agreement through an explicit declaration, using the “Withdrawal Form” found on the Vendor’s specific website https://www.forisluce.it/
,and sending it to the e-mail addres [email protected]
The Vendor shall confirm receipt of the Customer’s withdrawal notice by mean of the e-mail address provided.
In order to comply with the withdrawal period, it is sufficient for the Customer to send the Withdrawal Form before expiry of the withdrawal period mentioned above.
7) Effects of rescission (how products are refunded and returned)
Should the Customer withdraw from this contract, the purchase price of the returned products will be refunded to them, with the exception of shipping costs, no later than 14 (fourteen) working days from the day that the Vendor, after regaining possession of the products, has verified the integrity and proper functioning of the returned items and informed the Customer that the items have been accepted.
Said payment shall be made via the same means used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise with the Vendor; in any event, the Customer shall not incur any costs as a result of said refund.
The Customer is required to send the products back to the Vendor (Light Engineering + Design Srl, Via Spagna 6, 35010 Vigonza (PD), Italy) without undue delay, and in any case within 14 (fourteen) days from the day that they have given notice of withdrawal from this contract. The deadline shall be considered met if the products are sent back before the 14 (fourteen) days expire.
The return of the products must be made by the courier indicated and used by the Vendor at the time of delivery of the purchased products, taking out any insurance proposed by the courier.
The direct costs of returning the products shall be borne by the Customer alone.
In order to qualify for a full refund of the price paid for the products, they must be returned intact (they must not have been used or damaged by the Customer) and in their original packaging (any identification labels must still be attached to the products as they are an integral part of them). In any case, the Customer shall remain responsible for the reduction in the value of the products resulting from handling thereof, other than that necessary to establish their nature, features and operation. In this regard, it is also to be understood that in order to establish the nature, features and operation of the products, the Customer is obliged to handle and inspect them with due diligence and in the same way that they would be allowed to do so in a shop.
Pursuant to and by effect of Articles 128 and following of Legislative Decree n° 206 dated September 2005 (“Consumer Code”), the Vendor is liable for any compliance defect that occurs within 2 (two) years from product delivery. However, the Customer waives all such rights should they fail to report the compliance defect to the Vendor within 2 (two) months of the date that the defect was discovered.
The defectiveness of the products will be assessed by the Vendor, whose opinion will determine whether it falls under the warranty conditions.
The request to the Vendor must be received in written form (via communication to be sent by the means specified in paragraph 12). The Vendor shall indicate their willingness to accede to the request, or the reasons that prevent them from doing so, within 7 (seven) working days from their receipt thereof. In the same communication, if the Vendor has accepted the Customer’s demand, they must indicate how the product is to be shipped or returned, as well as the deadline for returning or replacing the defective product.
If the repair and replacement are objectively impossible to supply, or excessively onerous as per Article 130 paragraph 4 of the Consumer Code, or the Vendor has not repaired or replaced the product within the above deadline period or the previously carried out replacement or repair has caused considerable inconvenience to the Customer, the Customer may decide to request a suitable reduction in the price or termination of the contract. In this case, the Customer must submit their request in this regard to the Vendor, who will then indicate their willingness to accede to said request. In the same communication, if the Vendor has accepted the Customer’s request, they shall indicate the reduction in the proposed price or how to return the defective product. In such cases, it will be the responsibility of the Customer to indicate how the sums previously paid to the Vendor should be reimbursed.
In any case, it is hereby expressly stated that no products are guaranteed for damage caused by misuse or negligent use, poor maintenance or, more generally, non-compliance with the requirements indicated by the Vendor in the dedicated instructions. Parts subject to wear are also not guaranteed if the damage is attributable to the normal use of the product
9) Contract conclusion and filing thereof
The contract between the Vendor and Customer for the online purchase of products shall be concluded via the internet, through the Customer’s access to the Vendor’s website, and following the purchase procedures indicated thereon.
The contract shall be concluded via the exact compilation and consent to the purchase manifested through the dedicated online forms. Before concluding the purchase, the Customer shall have the opportunity to verify the contents of the purchase order and, if appropriate, to correct and/or modify the entered data; it will therefore be the precise obligation of the Customer to verify the correctness of the data in question.
When the Vendor receives the order from the Customer, the Vendor shall without delay send them details of the ordering and order via printable e-mail showing the price of the purchased product, shipping costs, and any additional ancillary charges, as well as the address where the product is to be delivered, the timing of delivery, and the existence of the right of rescission. The Customer shall undertake to print and store the purchase order.
Pursuant to and by effect of Article 12 of Legislative Decree n° 70/2003, the Vendor hereby informs the Customer that each order sent shall be stored digitally on the server at the site hosting company, and by the Vendor on paper or in digital form, in conformity to confidentiality and security criteria.
The registered Customer shall have the opportunity to consult the order submitted at any time via the appropriate area of the Vendor’s website, entering their Login details and Password (as issued at the time of the preliminary registration of their personal data)
10) Product availability
The Vendor shall ensure, through the telematics system used, the processing and fulfilment of the orders confirmed by means of an order confirmation sent to the Customer.
If an order exceeds the existing quantity in the warehouse, the Vendor shall inform the customer by e-mail either that the product can no longer be reserved, or what the waiting times for the chosen product shall be, asking if they intend to confirm the order or not
11) Applicable law and jurisdiction
These sales conditions are governed by Italian law.
Disputes arising from or related to these conditions (including non-contractual disputes) are subject to the non-exclusive jurisdiction of the local courts of Italy, but the above does not affect the right of the parties to file a lawsuit under any jurisdiction pursuant to and by effect of applicable procedural law.
These general terms of sale do not constitute an obstacle to Light Engineering + Design Srl’s compliance with any provision in force in the customer’s country of residence
12) Notices and Complaints
Written communications directed to the Vendor and any complaints will be considered valid only if sent to Via Spagna 6, 35010 Vigonza (PD), Italy, or by e-mail to the e-mail address: [email protected]