General Conditions of Sale
These general conditions of sale (hereinafter the "General Conditions of Sale") apply, without restriction or reservation, to all sales by LIGHTINUP SRL, registered in the Padua Companies Register under number 05419600282, with registered office at Padua, Via Palestro 1B (hereinafter "LIGHTINUP"), to both end-consumer buyers and wholesale businesses (hereinafter the "Customer") who wish to purchase the products (hereinafter the "Products") sold on the website.www.lightinup.co.uk, in our retail stores , in our showrooms, or through other distance selling methods.
The Company's postal address is LIGHTINUP SRL, Via Palestro 1B - 35138 Padua.
PREAMBLE
LIGHTINUP aims to offer the same B2B experience for which it is internationally recognised to the B2C market, which is why our platform also allows access to private customers. However, it is essential that the private customer is aware of some substantial differences compared to purchasing through traditional e-commerce channels as recognised by them for their shopping experience, and exactly as listed below:
- Any images published to identify a product do not refer to pre-existing items, nor to items already produced and held in stock. They are solely variant proposals submitted to the customer's choice and are, in substance and form, equivalent to an item made to the user's specifications.
- This Platform promotes handcrafted exclusivity and the choice of a one-of-a-kind product that is nonetheless accessible to anyone, offering users proposals that are designed, engineered and made viewable through our proprietary renderings, and giving them access to our unique, hard-to-find products.
- It is neither a fast-delivery e-commerce nor mass production: delivery times differ considerably from those of such channels.
- To avoid misunderstandings, it is essential that the customer reads the general terms and conditions and ticks the relevant confirmation box only after reading them in full, before proceeding to confirm payment.
1. Subject of the General Conditions of Sale
The General Conditions of Sale mainly concern the nature of the order, payment of the sales price, related warranties, and delivery of the Product(s), with the exception of installation, which is not included in the services provided by the Company. Before purchasing one or more Products on the Site, the Customer is required to read and accept the General Conditions of Sale.
The Company reserves the right to modify the General Conditions of Sale on its own initiative or following changes in applicable law. In the event of any changes, the sale of the Product(s) will be governed by the version available on the Site at the time of the order placed by the Customer. Changes to the General Conditions of Sale will under no circumstances have retroactive effect and will only apply to orders for the Product(s) placed from the effective date. The current conditions are updated as of June 1, 2022.
2. Acceptance
The Customer accepts these conditions electronically upon payment of the full amount or the first agreed deposit, or formalized with electronic payment or bank transfer of the amount due or part thereof by means of deposits.
The Customer also expressly waives its own terms and local jurisdiction, even if these were introduced or enforced after acceptance of these General Conditions of Sale.
3. Product Features
The technical description of the products has contractual value. However, it is hereby specified that, with regard to photographs of the Products, they cannot fully and faithfully reflect all the characteristics of the Products, particularly the color and texture, since the color depends on the characteristics and settings of the Customer's computer equipment and the texture may not be perfectly perceptible on the screen.
It is the customer's duty to ensure that the product has not undergone technical modifications in order to improve its functionality and durability. Any modifications made after the order, only to the electronic components (Light Sources, Drivers, Lamp Holder) that do not change the final appearance of the product in any way, will not be considered imperfections but rather improvements to comply with regulatory and functional requirements.
4. Product Order
Customers wishing to purchase one or more Products must first:
· understand the characteristics of the Product or Products and define their custom features and dimensions based on the indications given in the measurement taking;
· identify yourself on the Site or register by providing the Company with your personal data and delivery address;
· validate your order and the delivery deadline set by the Company, confirming acceptance;
· read and accept without reservation the General Conditions of Sale
5. Payment and order confirmation
100% upon order by bank transfer, Paypal and Stripe (Cards, bank transfer, installment payment systems).
Partial payments are not accepted unless expressly approved by the company's administrative body.
Partial payments will be considered unpaid pending payment and the order will not be processed until full payment of the order has been received.
6. Merchandise Readiness, Product Delivery, Shipping, Delays, and Liability
a) Delivery:
Stock products labelled "Ready in 72h" or "Handcrafted to Order", or with another specific indication on the product page, are generally produced in 7 to 30 working days and ready for shipment within 2/3 working days of the completion of production/assembly.
Handcrafted products assembled to personalised specifications, labelled "Bespoke Handcrafted", are generally produced in 30 to 60 working days and ready for shipment within 3/5 working days of the completion of production/assembly. The maximum production time is 60 working days. The customer expressly accepts a tolerance of 30 working days, to be added to the 60 days of production, for delays due to evident industrial reasons (quality rejects, construction errors, raw materials and components out of production, delays in the delivery of semi-finished goods, defaulting subcontractor, etc.).
b) Shipping:
Express courier shipping takes 2-3 days for Italy/EU countries and 5-7 days for non-EU countries. The cost of shipping via courier will be calculated when the order is added to the cart.
For quantities or products that exceed the dimensions accepted by couriers and therefore require shipment via a qualified carrier, the cost will be communicated to the customer when the goods are ready.
We also remind you that for shipments outside the EU where it is necessary to book exceptional transport due to size "By Ship" or "By Air" such transports include a high risk of delay due to the contingent international situation of space availability and that constant increases could occur which, if not accepted by the customer, could cause further delays.
*In the case of ExWork delivery, it is the customer's responsibility to correctly verify the Pickup Location communicated by LIGHTINUP, and to verify the opening and closing hours of one of these locations. Any liability is excluded if the courier appointed by the customer reaches a different company location than the one indicated.
The actual delivery date is the "Goods Readiness" date indicated by Lightinup to your forwarder. No complaints of any kind will be accepted if, for any reason, including documentary and customs reasons, your forwarder delays the collection of goods already confirmed as ready for collection.
**In the event of returns at LIGHTINUP's expense, only one of our couriers that originally delivered the goods must be used, among those with which we operate, i.e. DHL, GLS, BRT/DPD, and by communicating our correct customer code. Any deliveries from other carriers that require payment from LIGHTINUP, not included among these, will not be able to unload the goods, which will be refused.
c) Withdrawal and Refund - so-called "Handcrafted to Order" products:
You may cancel your order within 30/60 (thirty/sixty) days of placing the order, depending on the product purchased, or decide to replace the purchased product with another of equal value or modify the same product with different features, exclusively for standard products in stock.
LIGHTINUP issues refunds in the form of vouchers for other products immediately available at no cost to the customer and with no expiration date.
If the customer decides not to accept the LIGHTINUP vouchers, it is unable to guarantee an official timeframe.
If the customer requests a cash refund, the refund will be made within the timeframes set by the online payment platforms, which can vary from 30 to 45 working days.
d) Withdrawal and Refund - so-called "Bespoke Handcrafted" B2C products and products reserved for the B2B, contract and FF&E channels.
(Users are kindly asked to read this point carefully)
For so-called "Bespoke Handcrafted" products, LIGHTINUP undertakes - to do its best to provide efficient services in good time and in compliance with the agreed timeframes, as provided for in sub-paragraph a) above - paragraph "Delivery" - however, since this is a product "made to order through subcontracted or third-party processing", built and assembled from scratch to our designs and/or to the customer's specifications, production delays and/or increases in production costs are possible for reasons beyond our control.
Should the Company be unable to carry out manufacture within the deadlines or under the previous economic conditions, for exclusively industrial reasons that could not be foreseen (e.g.: quality rejects, construction errors, raw materials and components out of production, delays in the delivery of semi-finished goods, defaulting subcontractor, etc.), it will contact the Customer as soon as it becomes aware of this, and the Customer may, at their discretion, accept the change to the delivery date, the prices and the new economic conditions, or cancel the order.
In the event of cancellation of the order, and exclusively for the B2C channel (private customers) - LIGHTINUP agrees to issue refunds in the form of purchase vouchers for other products that are immediately available. The voucher will have the same value as the cancelled order, with free shipping and no expiry date.
As a rule, no right of withdrawal is provided for these cases, as established by Article 59(c) of the Italian Consumer Code (Codice del Consumo).
If the new economic conditions require the payment of additional deposits, payment of the first deposit will constitute explicit acceptance of the new conditions. Suspension of subsequent deposits will be considered a breach by the customer.
In the event of a customer's cancellation, LIGHTINUP will provide official expense statements for the costs incurred up to that point in industrial design and production. These costs also include industrial property rights for the creation of 3D drawings, industrial technical drawings, the Bill of Materials, and the Supply Chain—all customized activities for the customer that account for approximately 70% of the manufacturing costs of customized products.
If collection does not take place within 90 days, these semi-finished products may be delivered to the waste disposal site with the subsequent charging of the related costs to the customer.
In the event of withdrawal and reimbursement of expenses incurred, such ownership rights will be transferred to the customer, including all technical files, which the customer may use with other suppliers. Furthermore, where products have been partially or semi-finished, these remain available for collection by the customer within a maximum of 90 days for reuse and completion with other suppliers.
The customer agrees that these amounts will be deducted from the amounts paid up to that point by the customer for the purpose of determining the account balance.
7. Payment Times
Our invoices are payable within a maximum of 21 days, unless another payment term is indicated on the invoice or order. In the event of non-payment by the due date, LIGHTINUP reserves the right to charge a fixed interest rate of 10% of the amount due.
The order will be processed when the customer's payment is credited to our systems. LIGHTINUP will be authorized to suspend any sale of goods and services without notice in the event of late payment;
If a payment is still pending more than sixty (60) days after the due date, LIGHTINUP reserves the right to employ the services of a debt collection agency. All legal fees will be borne by the customer.
8. Warranty
LIGHTINUP offers the option of replacing or completely repairing products for damage attributable to the company. It also offers the option of guaranteeing decorative elements and parts of the product with a 2 (two) year coverage.
9. Applicable Taxes
Some countries apply a withholding tax on the number of invoices based on their national legislation. Any withholding tax will be paid by the customer to the Italian Revenue Agency. Under no circumstances will LIGHTINUP be liable for costs related to the legislation of a country. The invoice amount will therefore be due to LIGHTINUP in its entirety and does not include any costs related to the legislation of the country in which the customer is located.
10. Third Party Rights
LIGHTINUP may under no circumstances be required by the customer to act as a third party in any claim for compensation made against the customer by one of its end consumers, intermediaries, or other parties related to the order.
11. Requests for Withdrawal, Refunds and Complaints
To be admissible, each of the requests listed below:
- Right of Withdrawal for Custom-Made Products (Check point 6 above to determine the differences)
- Right of withdrawal for non-customized products
- Refund Requests
- Deposit Refund Requests
- Issuance of Purchase Vouchers
must reach LIGHTINUP exclusively through the specific online system on the "Administrative Requests" page(Complaints) clearly indicating the order number or invoice number and selecting the relevant option
No other methods are accepted except a letter sent by registered mail with return receipt or certified email.
For "Defects and Non-conformities" - complaints and disputes will not be accepted after 8 days from receipt of the goods.
Customers are advised to verify the content, quantity, and quality of the order no later than this mandatory 8-day deadline from: delivery of the goods, provision of services, or notification of changes to the contractual conditions.
12. Competent Jurisdiction
The customer expressly agrees that all our contractual relationships will be governed exclusively by Italian law. The competent court is the Court of Padua.
13. Personal data
The Customer has the right to access, modify, and delete their data. This right can be exercised by simply submitting a written request via email. Please refer to the privacy and third-party cookie policies published on this site.
14. Dispute Resolution for End-Consumers (B2C)
The Customer has the right to use free of charge a consumer mediator to resolve amicably the dispute between them and the Company.
Please note that a dispute cannot be examined by the consumer ombudsman if:
· The Customer fails to demonstrate that it has previously attempted to resolve the dispute directly with the Company with a written complaint in accordance with the procedures provided for, if applicable, in the contract;
· The request is manifestly unfounded or abusive;
· The dispute has previously been reviewed or is still being reviewed by another mediator or a court;
· The Client submitted his/her request to the mediator within a period of more than one year from the date of the written complaint to the Company.
The End Consumer Customer can contact a mediator free of charge through the European online dispute resolution platform at the following address:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show