1) DEFINITIONS
The expression “online sales contract” means the purchase and sale contract relating to the tangible movable assets of the lightupsky.com partner company, stipulated between them and the Buyer as part of a remote sales system using tools telematics, organized by the Supplier. The expression “Buyer” means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. The expression “PROMPT DELIVERY” means the person who carries out the promotion of the sale of the goods covered by this contract. The expression “PARTNER COMPANY” means the person who carries out the sale of the goods covered by this contract.
2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
Supplier: The goods covered by these general conditions are offered for sale by the PARTNER COMPANY of lightupsky.com, which is only responsible for the advertising promotion of the goods in question but not for the sale between the parties.
3) OBJECT AND CONCLUSION OF THE CONTRACT
With this contract, respectively, the PARTNER COMPANY of lightupsky.com sells and the Buyer purchases remotely via telematic tools only the tangible movable goods indicated and offered for sale on this site or through our official sales channels. The contract between the PARTNER COMPANY of lightupsky.com.com and the buyer is concluded exclusively through the internet by the Buyer accessing the address of this site, where, by following the procedures indicated, the Buyer will arrive at formalize the proposal for the purchase of the goods offered for sale. The purchase contract is concluded and perfected through an irrevocable order by the Buyer by completing and sending the order form online, which will be displayed on the printable order summary web page, which contains the details of the the ordering party and the order, the price of the purchased good and the shipping costs, the payment methods and terms, the address where the good will be delivered. When the PARTNER COMPANY of lightupsky.com receives the order from the Buyer, it will send a confirmation e-mail and/or display a printable web page confirming and summarizing the order in the which also includes the data entered by the buyer in the order form. If requested, the sales invoice will be issued by the PARTNER COMPANY of lightupsky.com in electronic format.
4) PAYMENT AND REFUND METHODS
The PARTNER COMPANY of lightupsky.com agrees to the following payment methods for the products purchased: * Cash on delivery. Any refund to the Buyer, if he is entitled to it, will be credited by reversing the payment by credit card, bank transfer or PayPal, within a maximum of 30 days. from the date on which the PARTNER COMPANY of lightupsky.com became aware of the cause that generates the right to reimbursement.
5) DELIVERY TIMES AND METHODS
The PARTNER COMPANY of lightupsky.com will deliver the products ordered via the agreed couriers. The products are shipped with special packaging, if it arrives torn or broken, please check the integrity of the product and immediately communicate the damage to the staff of the PARTNER COMPANY of lightupsky.com.
Order processing times may vary, from the day of the order to a maximum of 2 working days, within which the product will be delivered. In the event that the PARTNER COMPANY of lightupsky.com is not able to ship within said deadline, prompt notice will be given through prior contact with the Buyer, with an indication of the deadline within which the order will be processed. Delivery times may vary depending on the country of destination and other factors not directly controllable by the Supplier and not attributable to it.
6) SHIPPING AND DELIVERY COSTS
The delivery of your products within the European Territory will take place without having to pay additional sums compared to what was already agreed upon when placing the order. For all other countries, the courier may present a separate invoice requesting payment of duties and taxes requested by the local authorities. The Buyer who resides in a country not part of the EC is advised to find out about local taxes and duties before placing an order with the Supplier.
Delivery will be made to the house number and not to the floor.
Upon receiving the goods it is necessary to check:
- that the number of packages delivered corresponds to that indicated in the transport document
- that the packaging is intact and unaltered even in the closing tapes.
Note: The customer is required to sign the consignment note only if the packaging of the goods is intact. In the event of obvious external damage or suspected tampering (e.g. packaging tapes) it is necessary to refuse the goods or accept with reservation, affixing the annotation of the damage on the consignment note that the carrier asks you to sign upon receipt of delivery.
7) PRICES
All sales prices of the products displayed and indicated on this website are expressed in euros (€) and constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and any other tax regarding delivery within European territory.
8) PRODUCT AVAILABILITY
The PARTNER COMPANY of lightupsky.com ensures the processing and fulfillment of orders without delay via the electronic system used. If an order exceeds the existing quantity in the warehouse, the lightupsky.com PARTNER COMPANY will inform the Buyer via e-mail whether the good can no longer be booked or what the waiting times are to obtain the chosen good, asking if you want to confirm the order or not. The Supplier’s IT system confirms the registration of the order as soon as possible by sending the user a confirmation by email, which does not produce any legal obligation, as it is a simple summary of the order.
9) LIMITATIONS OF LIABILITY
The PARTNER COMPANY of lightupsky.com assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times set out in the contract. the PARTNER COMPANY of lightupsky.com cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its sub-suppliers. the PARTNER COMPANY of lightupsky.com will also not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to the full refund of the price paid . the PARTNER COMPANY of lightupsky.com assumes no responsibility for any fraudulent and illicit use that may be made by third parties, upon payment of the purchased products, if it demonstrates that it has adopted all the ordinary possible precautions of the moment and on the basis of ordinary diligence.
10) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: THE SELLER’S OBLIGATIONS
No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. In any case, the injured party will have to prove the defect, the damage and the causal connection between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party. the lightupsky.com PARTNER COMPANY assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, , to execute the sales agreement within the agreed times. It will not be liable to any party for damages, losses and costs suffered as a result of failure to execute the sales agreement for the causes cited above, or for damages, losses and costs suffered as a result of the use or impossibility to use the products purchased, the customer having the right only to a possible refund of the price paid, excluding any shipping costs. Likewise, it is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards when paying for the products purchased.
11) BUYER’S OBLIGATIONS
The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the Contract. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep the web page containing the order data. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as at the time of finalizing the order a reference to this web page is shown.
12) RIGHT OF WITHDRAWAL
The CUSTOMER has the right to withdraw from the contract stipulated remotely, without any penalty and without specifying the reason by promptly communicating the cancellation within 14 days of the order placed via email to the seller’s address info@lightupsky.com before having received confirmation according to as previously foreseen, or before the goods have been shipped. If the goods have already been delivered, the right of withdrawal is exercised by sending, within 14 working days from the day of receipt of the goods, a registered letter with acknowledgment of receipt to the address of the SELLER’s headquarters. This communication must contain the data necessary to precisely identify the order, the clear intention to renounce the purchase and the product or products for which it is intended to exercise the right of withdrawal (which must not have been used in any way and which must be returned with the original packaging intact), attaching a copy of the relevant tax document (invoice or transport document).
The CUSTOMER is required to return the goods within ten days from the date of receipt of the same. In this case, the only costs payable by the consumer for exercising the right of withdrawal are the direct costs of returning the goods to the sender. The SELLER, on the other hand, undertakes to reimburse the CUSTOMER in the shortest possible time the sums paid by the latter as payment of the price, deducting the shipping costs and in any case within thirty days from the date on which, having become aware of the exercise of the right of withdrawal by the CUSTOMER, receives the ordered goods, intact, at the address agreed with the PARTNER COMPANY of lightupsky.com. The CUSTOMER cannot exercise the right of withdrawal: a) in the case of supply of goods made to measure, clearly personalized or which, by their nature, cannot be returned or risk deteriorating or altering rapidly; b) in the event that failure to collect the ordered goods is attributable to the CUSTOMER’s absence from the place of delivery or, in any case, to his delay or negligence.
13) GOODS EXCHANGE
The PARTNER COMPANY of lightupsky.com also grants the Buyer the right to exchange goods within the same item. To obtain an exchange of goods, the Buyer is required to send an email to info@lightupsky.com always within 14 (fourteen) working days from the day of receipt with indications of the code of the item or items that are intended to be exchanged indicating the replacement goods.
Once the request has been received, the Customer Service Office of the PARTNER COMPANY of lightupsky.com will send the Buyer a written confirmation, containing the authorization number for the exchange of goods. The Buyer must indicate this goods exchange authorization number on the label applied to the package of products to be returned. In any case, the transport costs for the exchange are borne by the Buyer. the PARTNER COMPANY of lightupsky.com will not bear the costs necessary to send the product requested in exchange. the PARTNER COMPANY of lightupsky.com reserves the right to request photographic evidence before authorizing returns or exchanges for products claimed to be defective. In the event that they are defective, the PARTNER COMPANY of lightupsky.com will not bear the costs necessary to return the products to their warehouses, a return which must be taken care of by the buyer. We do not accept exchanges or returns of products that have been tampered with or otherwise altered. It will be the Buyer’s responsibility to ensure the transport of the goods returned for exchange; otherwise, in the event of theft or loss the goods will not be refunded. We do not accept returns of items on sale or custom-made items.
14) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA
lightupsky.com protects the privacy of its Buyers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196. The personal and fiscal data acquired directly and/or through third parties by the Supplier who is the data controller are collected and processed in paper, electronic and telematic form, in relation to the processing methods with the aim of recording the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service (art. 24 , paragraph 1, letter b, Legislative Decree no. 196/2003). Prestosconto.com undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law. Personal data will be communicated, after signing a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose. The Buyer enjoys the rights referred to in the art. 7 of Legislative Decree 196/03, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed; c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this requirement is proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer’s request cannot be processed. In any case, the acquired data will be kept for a period of time no longer than is necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely. The owner of the collection and processing of personal data is Prestosconto.com, to which the buyer can direct at the company headquarters.
15) COMMUNICATIONS AND COMPLAINTS
lightupsky.com informs the Buyer that each order sent is stored in digital form on the server on which the site resides according to confidentiality and security criteria.
16) CONTRACT STORAGE METHODS
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the address
Owner’s email address: info@lightupsky.com
The Buyer indicates in the registration form his residence and domicile, the telephone number or the e-mail address to which he wishes communications from the Supplier to be sent.
17) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
Confirmation of the order implies acceptance of these general conditions for the Buyer. These conditions may be updated or modified directly with the transcription of the new rule on this site. The modification or update will be valid and effective for orders that have not yet been entered and for which the web page summarizing the order data has not yet been displayed and printed.