TERMS OF SALE
Date of publication on the site and entry into force 07/31/2020
- TERMS OF SALE
- 2. Features of the Products and their availability in different geographical areas
- 3. How to purchase the Products – Completion of each individual purchase contract
- 4. Procedure for selecting and purchasing the Products
- 5. Delivery of goods and acceptance – Passing of risk
- 6. Prices, shipping costs, duties and taxes
- 7. Payments
- 8. Seller’s legal guarantee of conformity, reporting of lack of conformity and interventions under warranty
- 9. Liability for damage caused by defective Products
- 10. Right of withdrawal – Information
- 11. Intellectual Property Rights
- 12. Consumer data and privacy protection
- 13. Safety
- 14. Applicable law, conciliation attempt and competent court
1.1. These general conditions of sale apply to the purchase of “SP Light and Design Srl” brand products (hereinafter “Products“) made through the splight.it e-commerce site (of hereinafter the “Site“) by users qualified as “Consumers” pursuant to the following article 1.2. The Site, owned by SP Light and Design Srl, with registered office in Milan, via Olgiati 26, tax code, VAT number and registration number in the Milan Company Register IT08182370968 (hereinafter “Owner“),
1.2. Any communication from the Consumer related to the purchase of the Products, reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal and / or the legal guarantee, must be sent to the Owner at the addresses and according to the methods indicated on the Site and at the e-mail address firstname.lastname@example.org.
1.3. Gli acquisti sono regolati dalle condizioni generali di vendita pubblicate sul Sito al momento della trasmissione dell’ordine da parte del Consumatore.
1.4. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who cannot be qualified as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same:
a) the buyer will not be granted the right of withdrawal referred to in Article 10;
b) the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;
c) the buyer will not be granted any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the Vienna Convention on the sale of goods.
1.5. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale are sent by e-mail to the address stated by the same during registration on the Site or during the purchasing process.
1.6. In order to make purchases through the Web site, the consumer must have the legal age (18 years) and the ability to act, the Consumer declares to possess.
1.7. Any costs for Internet connection to the Site, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Features of the Products and their availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other conditions or terms.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
2.3. The prices, the Products for sale on the Site and/or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request their delivery in one of the countries indicated on the Site.
3. How to purchase the Products – Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Consumer, by transmitting the order to the Seller , is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order (sending which will take place when the Consumer selects the “
3.3. Orders are subject to the availability of the Products and the Seller’s acceptance. The Seller reserves the right, at any time and at its sole discretion, to refuse an order, including, for example, in cases where:
- (I) the Products ordered are no longer available on the Site;
- (II) the Seller becomes aware of an error on the Site relating to the price and / or description of the Products;
- (III) the order cannot be executed due to an error in the information provided by the Consumer (by way of example, information on payment, billing or delivery address);
- (IV) the Seller has reason to believe that the order was placed by a minor.
The Seller also reserves the right to make partial deliveries and / or to limit the quantities of Products ordered by the Consumer to a number of Products that can reasonably be considered for domestic use. In this case, the Consumer will be charged only for the price of the Products delivered.
In all cases in which the Seller is unable to fulfill an order, is only partially able, or intends to limit the quantities of Products subject to the order, the Seller will contact the Consumer via e-mail or telephone, as soon as possible and in any case within 30 (thirty) days from placing the order on the Site. Any payments already made by the Consumer will be promptly reimbursed by the Seller, with the same methods used by the Consumer for the payment of the Products.
3.4 The Consumer’s purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered at Site, an e-mail confirming the order itself (“
3.5. Each contract for the purchase of the Products is concluded when the Consumer receives the Order Confirmation from the Seller via e-mail.
4. Procedure for selecting and purchasing the Products
4. Procedure for selecting and purchasing the Products
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After the selection of the Products, to purchase the Products placed in the cart, the Consumer will be invited to: (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the purchase contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will see a summary of his order, of which he can modify the contents until the “Buy Now” button is clicked: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, by means of the appropriate sign of tick (check-box) present on the Site and finally, through the “Buy Now” button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. During the check-out phase, the Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of sending the Order Confirmation from the Seller to the Consumer. In any case, the Order Confirmation and the sending of the Products will not take place before the Seller has obtained the authorization for the credit card debit from the bank or the card issuing institution or has received the payment in case by bank transfer.
4.2. If during the procedure for selecting the Products on the Site referred to in paragraph 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller’s Customer Service by sending an e-mail to the e-mail address email@example.com
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to of an obvious technical problem that occurred on the Site:
(a) if the Consumer himself has not yet received the Product, the Seller will proceed to (i) cancel the order, the delivery of which will therefore not be carried out, by simultaneously sending a communication in this regard via e-mail, to the e-mail address indicated by the Consumer when transmitting the order and (ii) reimburse the Consumer for payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer via e-mail of the error that occurred in the process of completing his order, offering the same, alternatively, to (i) pay to the Seller, no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter’s expense, no later than the following 14 (fourteen) days, by sending it to SP Light and Design S.r.l. Via Modena 10, Buccinasco (MI) Italy, without damage, complete with all its elements and accessories (including the labels and tags unaltered and attached to the product), accompanied by the attached instructions / notes / manuals, original packaging and packaging and the guarantee certificate and accompanied by the return form, duly completed, which you will find attached to the e-mail sent by the Seller. Nel caso in cui il Consumatore abbia scelto l’opzione di cui al precedente punto (b) (ii), the Seller will reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.
5. Delivery of goods and acceptance – Passing of risk
5.1. The Site indicates the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days from the sending of the Order Confirmation. to the Consumer. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any amounts already paid by the Consumer for the payment of the Product. If the Consumer has chosen bank transfer as the payment method, the delivery time will start from the receipt of the payment by the Seller.
5.3. The shipment of products ordered by the Consumer will be in the mode selected by the Consumer, among those available and indicated on the Site when the order. Delivery will be made during normal business hours. The Seller will make every reasonable effort to deliver the Products within the delivery time indicated in the Order Confirmation. However, any delivery date or time estimated by us will be purely indicative. The Seller cannot therefore be held responsible for any loss or damage suffered by the Consumer due to delays in the delivery of the Products, unless such delay is attributable to the Seller’s intent or fault. The Consumer may at any time check the delivery status of the Products by entering the shipment number directly on the carrier’s website.
5.4 The risk of accidental loss or deterioration of the Products will pass to the Consumer when the latter, or a third party designated by him and other than the carrier, physically takes possession of the Products. However, the risk will pass to the Consumer upon delivery of the Products to the carrier, if the latter has been chosen by the Consumer, without prejudice to the Consumer’s rights against the carrier. For the purposes of the transfer of risk, the refusal or delay in accepting the Products by the Consumer will be treated as delivery.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Site at the time the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated on the basis of the type of delivery chosen by the Consumer and indicated on the page checkout of the order, as summarized in the Order Confirmation sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the total price to the Seller, as shown on the order check-out page and in the Order Confirmation sent by e-mail from the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and summarized in the Order Confirmation will only include indirect taxes (if applicable) and shipping costs. The Consumer acknowledges that any customs duties and/or other sales tax may apply according to the legislation of the country of shipment. The amount of these duties and/or other taxes may vary from country to country based on the Products and/or their value. The Consumer will be solely responsible for the payment of such duties and / or taxes and undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the Order Confirmation, in accordance with the provisions of the law. of the country where the Products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products before placing an order on the Site.
6.4. The Consumer acknowledges and accepts that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous par. 6.3, at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
7.1. The payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the Product(s) purchased is credited to the Seller’s current account.
7.2. Payment can be made with:
- Bank transfer.
- credit card through the Nexi Xpay payment gateway. All major international circuits are accepted, including PayPal, from all devices. The XPAY platform complies with all existing security protocols. the payment is protected by the 3D Secure Anti-Fraud Protection Service.
The Seller may allow additional payment methods, indicating them in the payments section of the Site.
8. Seller’s legal guarantee of conformity, reporting of lack of conformity and interventions under warranty
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC, as well as the Directive 2011/83 / EU and the Italian Legislative Decree no. 206/2005 (Consumer Code), and subsequent amendments, the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery. of the Products to the Consumer. The Consumer will have the right to return the defective Products under the conditions established by articles 129 and following of the Consumer Code and by these conditions of sale.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any defects and non-conformities within and no later than 2 (two) months from discovery, by sending to the Seller’s Customer Service, by e-mail to the sales address @ splight.it, the request, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, copy of the Order Confirmation sent by the Seller and / or the tax receipt / invoice). Alternatively, only up to 14 days from receipt of the Product, the Consumer may request the intervention under warranty, providing the same information as above, by using the appropriate form in the reserved area of the site.
8.3. Following receipt of the relevant documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer with the assistance of the Owner and, after having carried out the quality checks to verify the actual non-conformity of the Product, will authorize the return of the Products. providing the Consumer with a reply, containing the “Return Code”, by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the “Return Code”, to the following address: SP Light and Design Srl, Via Modena 10, Buccinasco (MI ) 20090
8.4. If the Seller detects the actual existence of a lack of conformity, it will repair the Product or, if this is not possible, replace the defective Product with a new and identical Product. If repair or replacement is not possible (for example due to lack of the Product), the Seller will refund the Consumer the price paid, including all delivery and return costs (the latter where duly documented). The reimbursement will be made, where possible, using the same payment method used by the Consumer when purchasing the Product or, if the Consumer had selected the cash on delivery method to make his purchase, exclusively by bank transfer to the current account. of the Consumer. It will be the consumer’s responsibility to communicate to the Seller, again by e-mail to the address firstname.lastname@example.org, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due. .
9. Liability for damage caused by defective Products
9.1. As regards any damage caused by defects in the Products, the provisions of the European directive 85/374/EEC and the Italian legislative decree n. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the Products through the Site, is free from any liability, none excluded and / or excepted, by indicating the name of the relevant manufacturer of the Product.
10. Right of withdrawal – Information
10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded under these Conditions, without having to provide any reasons and without any penalty, within the period of 14 ( fourteen) days since (i) the Product has been delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product has been delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform SP Light and Design, before the expiry of the term referred to in paragraph 10.1 above, of his decision using the withdrawal form inside the package with which he received the / s. Product (s) it intends to return and, in particular: (i) filling out the form with the data relating to the Product (s) you intend to return; (ii) by inserting the form, once completed, in the package with which it intends to return the Product / s subject to the exercise of the right of withdrawal; (iii) applying on the same package, once closed, the pre-printed adhesive label, already present in the form; (iv) by booking the collection of the package by the courier indicated by the Seller with one of the methods indicated therein. The indication by the Consumer of the reason for returning the Product through the respective code of the reason indicated in the table in the form is not mandatory for the purpose of exercising the right of withdrawal.
10.3 As an alternative to the method referred to in point 10.2 above, the Consumer may in any case exercise the right of withdrawal by sending any explicit declaration to SP Light and Design via the contact form or to the e-mail address email@example.com or in any other way, of their decision to withdraw using the attached withdrawal form.
10.4 Following the provisions of point 10.3 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing the return form to be included in the package, and the instructions to proceed with the return of the product, to be sent no later than next 14 days a
Via Modena 10,
20090 Buccinasco (MI) – Italia
10.5 If the Consumer has received the product, he is required to return it to SP Light and Design without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period has expired. The risks of returning the goods, as well as proof of this, will be borne by the Consumer. The direct costs of returning the goods will be borne by the Seller.
10.6 In the event of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) and, if anticipated by the Consumer, the costs for returning the returned Products, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has returned the goods, whichever is earlier.
10.7 The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product) , not accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protect it during transport even from writings or labels.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of SP Light and Design. and/or its assignees, without the Consumer deriving any right over the same from access to the Site and/or from the purchase of the Products.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of SP Light an Design.
12. Consumer data and privacy protection
12.1. In order to proceed with the registration, the order and therefore the conclusion of this contract, some personal data are requested from the Consumer through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by SP Light and Design as independent data controllers, each for the profiles within their competence, in compliance with Legislative Decree no. 196/2003 and subsequent amendments – Privacy Code, to execute each purchase made through the Site and, with the Consumer’s consent, for any additional purposes indicated in the privacy documentation provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time check, update, modify, delete their personal data provided to the Seller through the appropriate section of the Site “My Account” accessible after authentication and may at any time exercise their rights under the Privacy Code by following the information provided in the privacy documentation on the Site.
13.1. Although the Seller, in compliance with the applicable legislation, adopts suitable measures to protect personal data in order to minimize the risk of destruction or loss, even accidental, of unauthorized access, illegitimate treatment, falsification, manipulation and improper use by of third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.
13.2. With regard to data relating to payments by credit card, the Seller uses the services of the company SP Light and Design which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web based on industry standards.
14. Applicable law, conciliation attempt and competent court
14.1. The General Conditions of Sale. Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian laws and in particular with the Consumer Code, with specific reference to the legislation on distance contracts and by the legislative decree April 9, 2003 no. 70 on certain aspects concerning electronic commerce. In any case, the rights possibly attributed to Consumers by mandatory provisions of law in force in the State of residence of the latter will remain unaffected.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on RisolviOnline regulations or to send a conciliation request, access www.risolvionline.com.
14.3 As an alternative to the conciliation attempt referred to in paragraph 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, quick and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller’s email address to be indicated in the European ODR Platform is as follows: firstname.lastname@example.org
14.4. If the conciliation attempt referred to in paragraph 14.2 or 14.3 above is not accepted, or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Seller.