Terms and Conditions
These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") apply, without any restriction or reservation, to all sales of the Company LIGHTINUP SRL registered in the Register of Companies of PADUA under number 05419600282, having its registered office in PADOVA Via Palestro 1B (hereinafter "LIGHTINUP"), to purchasers, both end consumers and wholesale companies (hereinafter "Customer"), who wish to purchase the products (hereinafter referred to as "Products") marketed on the www.lightinup.it, website, in our retail stores, in our showrooms, or other distance selling methods
The Company's postal address is LIGHTINUP SRL, Via Palestro 1B - 35138 Padova.
1. Subject matter of the General Terms and Conditions of Sale
The General Terms and Conditions of Sale mainly concern the nature of the order, the payment of the sale price, the related warranties and the delivery of the Product(s), with the exception of the installation which is not part of 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 Terms and Conditions of Sale.
The Company reserves the right to amend the General Terms and Conditions of Sale on its own initiative or as a result of changes in the applicable legislation. In the event of a change, the version available on the Site at the time of the order placed by the Customer will apply to the sale of the Product(s). The amendment to the General Terms and Conditions of Sale will in no case have retroactive effect and will only be valid for orders of the Product(s) sent from the date of entry into force, Current terms are updated to 01/June/2022
2. Acceptance
The Client accepts these conditions electronically at the time of payment of the total amount or the first agreed deposit or formalized with the electronic payment or bank transfer of the amount due or part of it by means of advances.
The Client also expressly waives its own terms, and local jurisdiction, even if these were introduced or enforced after the acceptance of these General Terms and Conditions of Sale.
3. Product Features
The technical description of the Products has contractual value. However, it should be noted here, with regard to the photographs of the Products, that these cannot fully and faithfully reflect all the characteristics of the Products and in particular the color and texture, to the extent that the color depends on the characteristics and adjustments of the Customer's computer equipment and the consistency cannot be perfectly perceptible on the screen.
It is the customer's duty to make sure that the product has not undergone technical changes in order to improve its functionality and durability, any modification subsequent to the order, only in the electronic components (Light Sources, Drivers, Lamp Holders) that do not change in any way the final appearance of the product will not be considered imperfections but improvements of regulatory and functional adaptation.
4. Product Order
The Customer who wishes to purchase one or more Products must first of:
• become acquainted with the characteristics of the Product(s) and define their characteristics and dimensions tailored to you based on the indications on the taking of measurements;
• identify themselves on the Site or register by communicating their data and delivery address to the Company;
• validate your order and the delivery deadline defined by the Company by confirming its acceptance;
• familiarize yourself with and accept without reservation the General Terms and Conditions of Sale
5. Payment and confirmation of the order
100% to order by bank transfer, PayPal and Stripe (Cards, Bank transfer, Installment payment systems)
Unless specifically approved by the Company's governing body, no partial payments will be accepted.
Payment in installments will be considered to be in progress until payment of the balance is received and the order will not go into production until the balance of 100% of the order deposit has been received.
6. Goods Readiness, Product Delivery, Shipment, Delays and Liability
Delivery:
Products in stock called 'Ready in 72h' generally ready for shipment within 2/3 working days.
Custom-assembled handcrafted products called 'Made to Measure' ready for shipment within 45 to 60 working days from order.
Shipping:
Shipping by express courier 2/3 days for Italy/EU and 5/7 days for non-EU countries - The cost of shipping by courier will be processed at the time of placing the order in the cart.
For quantities or products that exceed the dimensions accepted by the couriers, therefore require shipments through a qualified shipper, the cost will be communicated to the customer at the time of readiness of the goods.
Please also note that for non-EU shipments where it is necessary to book an exceptional transport due to "Via Ship" or "Via Area" dimensions, such transport includes a high risk of delay due to the contingent international situation of space availability and that constant increases may occur which, if not accepted by the customer, may further cause delays..
*In case of EXW ExWork Delivery, It is the customer's responsibility to verify the collection point indicated by LIGHTINUP and to check the opening and closing hours of any of these points. LIGHTINUP shall not be held liable if the carrier designated by the customer arrives at a location other than the one indicated.
The "Ready to ship" date specified by Lightinup is the date of actual indicated as "Goods Ready". to your Forwarder, No claims of any kind will be accepted if, for any reason whatsoever, including documentary and customs reasons, your carrier delays the collection of goods already confirmed as ready for collection.
**In the case of returns charged to LIGHTINUP must be used only one of our couriers that originally delivered the goods among those we work with i.e. DHL, GLS, BRT/DPD, and by communicating our correct customer code. Any possible delivery from other shippers that will request payment from LIGHTINUP, not included among them, will not be able to unload the goods, which will be refused.
Returns for "Ready to Stock" Products:
It is possible to cancel the order within a period of 30/60 (thirty/sixty) days from the conclusion of the order, depending on the product purchased, or to decide to replace the product purchased with others of equal value or to modify the same product with different characteristics, exclusively for standard products in stock.
Returns and Refunds for "Tailor-Made" Products:
For so-called 'made-to-measure' products, on the other hand, LIGHTINUP strives - to do its best to deliver on time and within the agreed timeframe - however, since this is a 'made-to-order' product assembled to the customer's specifications, production delays and/or increased production costs are possible due to causes beyond our control.
If the Company is not able to manufacture within the previous terms or under the previous economic conditions, it will contact the Customer, who may at its discretion accept the change in delivery terms, prices and new economic conditions or cancel the order.
If the new economic conditions provide for the payment of additional advances, the payment of the first deposit will be considered as explicit acceptance of the new conditions. The suspension of subsequent advances will be understood as default by the customer.
If the customer opts out, LIGHTINUP will provide official statement for the costs incurred to date in the areas of industrial design and production. These costs also include industrial property rights for the realisation of 3D drawings, industrial technical drawings, BOMs, Supply Chain, all customised activities for the customer, which account for about 70 per cent of the costs for the realisation of customised products.
If collection does not take place within 90 days, these semi-finished products may be delivered to the mill with subsequent charging of the relevant costs to the customer.
In the event of withdrawal and compensation of costs incurred, these property rights shall be transferred to the customer including all technical files, which the customer may use at other suppliers. Furthermore, in the event of partial or semi-finished products, these shall remain at the customer's disposal for collection within a maximum period of 90 days in order to be reused and completed at other suppliers.
The customer accepts that these amounts will be deducted from the amounts paid up to that point by the customer for the purpose of identifying the balance of the consignment.
Refunds for "Ready to Stock" Products:
LIGHTINUP issues refunds in Purchase Vouchers for other products immediately available at no cost to the customer and with no expiry date.
If a customer decides not to accept LIGHTINUP Purchase Vouchers, LIGHTINUP cannot guarantee an official timeline.
If the customer requests a refund in cash, such a refund will be made subject to the return times of the online payment platforms, which can vary from 30 to 60 working days.
7. Payment
Our invoices are payable within a maximum of 21 days, unless another payment term is indicated on the invoice or order. In case of non-payment by the due date, LIGHTINUP reserves the right to demand the payment of a fixed interest equal to 10% of the amount due.
The order will be initiated when the payment is credited by the customer in our systems. LIGHTINUP shall be entitled to suspend any sale of goods and services without notice in the event of late payment;
If a payment is still outstanding after more than sixty (60) days from the due date, LIGHTINUP reserves the right to use the services of a debt collection company. All legal fees will be borne by the client
8. Warranty
LIGHTINUP offers the possibility of replacing or completely repairing products for damage attributable to the company - It also offers the possibility of guaranteeing the decorative elements and parts of the product with a coverage of 2 (two) years.
9. Applicable Taxes
Some countries levy a withholding tax on the number of invoices according to their national legislation. Any withholding tax will be paid by the client to the tax authorities. Under no circumstances can LIGHTINUP be involved in any costs related to a country's legislation. The invoice amount is therefore due to LIGHTINUP in its entirety and does not include any costs related to the legislation of the country where the customer is located;
10. Rights of Third Parties
Under no circumstances may LIGHTINUP be obliged by the customer to appear as a third party in the context of 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 returns, refunds and claims
In order for it to be admissible, any request, including
- Right of return for customized products (see point 6 above for differences)
- Right of return for non-customized products
- Reimbursement Requests
- Requests for return of advances
- Issuance of purchase vouchers
must be submitted to LIGHTINUP exclusively through the appropriate online system to the page “Compliants and returns” (Compliants) Clearly identify the purchase order or invoice number and select the appropriate option
No other methods will be accepted except by registered letter with confirmation of delivery or certified italian e-mail.
No complaints and disputes will be accepted 8 days after receipt of goods for "defects and deficiencies".
Customers are urged to check the content, quantity and quality no later than this mandatory period of 8 days from: delivery of goods, performance of services, notice of change in the terms of the contract.
12. Competent Jurisdiction
The client expressly agrees that all our contractual relationships shall be governed exclusively by Italian law. The competent court is the Court of Padua
13. Personal Data
The Client has the right to access, modify and delete the data concerning him/her. This right can be exercised by simple written request by e-mail. Please refer to the privacy policy and third-party cookies published on this sito.
14. Dispute resolution for end consumers (B2C)
The Client has the right to have recourse free of charge to a consumer mediator in order to resolve the dispute between him and the Company amicably
Please note that a dispute cannot be heard by the consumer mediator if:
• The Client does not prove that he or she has previously sought to settle the dispute directly with the Company by means of a written complaint in the manner provided, if any, in the contract;
• The request is manifestly unfounded or insulting;
• The dispute has been previously heard or is still being examined by another mediator or a court;
• The Client has submitted his/her request to the mediator within a period of more than one year from 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