Terms & Conditions
Terms & Conditions
Premise
The offer of this online shop is proposed by the company Effetto Luce Spa (hereafter “Effetto Luce”) in compliance with the current regulations about e-commerce and distance contracts.
Effetto Luce Spa is official authorized dealer of all the brands on this website.
The company: Effetto Luce Spa, registered office in Via Loreto 2 62019 Recanati (MC) and headquarters in S.S. 16 Adriatica km 320 60022 Castelfidardo (AN), VAT number 01271900431, Fully Paid-up Stock Capital € 120000,00, phone +39 071 780761, Fax +39 071 7822373, e-mail shop@effettoluce.it.
The Customer declares having read all the information and the terms&conditions before placing an order.
Terms of sale
These terms of sale (hereafter “TOS”) regulate the conditions of sale of the products marketed by Effetto Luce (hereafter the “Products”).
All the contracts of sale for the Products made between Effetto Luce and third parties (hereafter the “Customers”) via this website are regulated by these TOS, that are integral and essential part of any proposal, order and order confirmations for the Products. Should there be any changes of the TOS, the TOS in force are those published on this website when the Customer places the order.
Art. 1 – Features of the Products
Unless otherwise agreed, the currency of the prices of the Products published on this website is Euro. The prices do include VAT.
Shipping is not included; the cost of shipping are indicated in the order and the Customer shall be charged for it.
All the deliveries outside EU does not include customs and any other fee or taxes, that the Customer shall be requested to pay by the carrier when Products are delivered.
The price stated on this website when the Customer places the order is fixed and definitive; any other previous offer or subsequent change of price shall not be relevant.
The prices of the Products published on this website from time to time by Effettoluce cancel and replace the previous ones and are subject to Products availability.
Technical and functional features of the Products, published by Effetto Luce in the single Products pages, are those sent by manufacturers. Effetto Luce shall not be liable for the truthfulness an completeness of such information. The images of the Products are for illustrative purpose only and are not binding.
Effetto Luce doesn’t provide any Product for testing purposes. The Customer is responsible for the choice of the Products purchased and for the conformity of his needs to the specifications provided by every manufacturer.
Some of the Products published on this online store, identifiable by the special “Product on display” mark, are products from Effetto Luce showroom; they may present small imperfections due to exposure to the public and are therefore sold at a significantly discounted price compared to the list price. The status of these Products is indicated in the their sheet, in the “Description” area in the “Product exposed conditions” section, according to the following classification:
Very good condition = The Product may lack the external transparent film but there are no signs of wear, it is apparently intact and in perfect condition. The Product could be devoid of the instruction manual and / or original packaging; if available, the original packaging may show some signs of wear.
Good condition = the Product shows slight signs of wear due to having been displayed and may be devoid of the instruction manual and / or original packaging; if available, the original packaging may show some signs of wear.
Acceptable conditions = the Product has more or less serious scratches and / or small dents; these signs are quantified and reported in the product sheet itself in the “Description” section. The Product could be devoid of the instruction manual and / or original packaging; if available, the original packaging may show some signs of wear.
For the products referred to in this paragraph the signs of wear described above are not covered by the legal guarantee provided for in the following art. 6, pursuant to art. 129 paragraph 3 of Legislative Decree 6 September 2005 and subsequent amendments (c.d. Consumer Code).
Some of the Products published on this online store, whether or not they belong to the “Product on display” category, may be discontinued at the time of purchase. This information is published in the product sheet, in the “Additional information” section under “About the product”. The Customer acknowledges that spare parts and optional accessories may not be available for these products. Likewise, the Customer acknowledges that spare parts and optional accessories may not be available for products that have been discontinued after purchase.
Art. 2 – Conclusion of the contract
Every order placed on this website is a contract proposal by the Customer. The contract shall be concluded when Effetto Luce confirms the order. Processing and fulfilling an order by Effetto Luce are to be intended as a confirmation and acceptance of the order.
The Customer can cancel the order within 12 (twelve) hours.
Effetto Luce reserves the right to reject an order for any reason, such as unavailability of a Product, or issues related to the order itself.
The Customer must provide all of the information required for invoicing and he must specify the billing address. Effetto Luce shall not be liable for any mistake of delivery due to a misstatements and/or incompleteness by the Client providing information when he places the order.
The Customer shall be notified the order confirmation by Effetto Luce, including all the elements of the contract (such as Products purchased, prices, shipping scheduled, shipping cost…).
Invoice/tax documentation shall be issued by Effetto Luce when the Products are dispatched.
Art. 3 – Execution of the contract
The contract shall be executed according to the terms published on this website.
In the event of breakage, stock depletion or unavailability of the Product ordered, Effetto Luce shall inform the Customer as soon as possible, stating a new date of availability of the Product. The Customer shall confirm in writing his choice, that is to wait for the availability of the Product or to ask for the refund.
Art. 4 – Delivery of the products
All the shipping costs shall be charged to the Customer; they are specified in both purchasing order and its subsequent order confirmation.
The products are shipped to the address provided by the Customer. In case of a change of address after the goods are dispatched, the costs shall be charged to the Customer.
The goods shall be shipped within 3-5 working days after the order is received and fully paid; for the wire transfer the order is fully paid when the amount is credited in Effetto Luce bank account. For the payment by credit card, the order is fully paid when the system confirms that the transaction is completed.
Delivery is made by qualified express carriers, such as GLS, UPS, DHL, in order to guarantee the quality of service and Products integrity.
When the goods are entrusted to the carrier, the Customer will be notified the estimated delivery. This date is merely indicative; in case of delay of less than 30 (thirty) days, the Customer shall not have the right to reject the delivery of the Products, neither to receive damages, compensation or reimbursement.
Effetto Luce reserves the right, if necessary and/or convenient, to split the shipment in several stages, even if the goods are part of the same order.
The delivery is considered completed when the Product is delivered to the Customer.
The delivery note issued by the carrier, dated and signed by the Customer, shall be the proof of transport and delivery of the Product.
Deliveries shall be made on street level only, without any delivery on appointment and/or take-back. Special conditions and terms of delivery shall be previously agreed between the Customer and Effetto Luce and accepted in writing by Effetto Luce.
Effetto Luce does not provide any assembling/installation service.
The Customer is required to verify, upon receipt, the content of the package, the conformity and the state of the Products. Effetto Luce recommends that the Customer verifies the state of the Products before signing the delivery note and specifically the Customer must verify that:
- the number of packages delivered corresponds to that indicated on the transport document
- The package is intact, not damaged neither bathed or however altered, and all contents are present and undamaged
Should the Customer note any anomalies, he is entitled to reject the delivery or to write down his reservations in a detailed and dated document. If the delivery note is not signed “under reserve”, the Customer shall not be entitled to claim about the external conditions of the Products delivered. Issues about integrity, correspondence or completeness of the Products received must be notified in writing to Effetto Luce within 2 (two) days from delivery.
Effetto Luce has the right, in its sole discretion, to deliver the Products through a carrier of its choice.
In the event of failure to deliver due to the absence of the addressee, the courier shall place a notice of attempted delivery at the address the purchaser indicated at the moment of the order. The products shall be collected at the address and according to terms indicated by the carrier.
In case of non-withdrawal within the deadline indicated by the carrier, the Products shall be returned to Effetto Luce, that reserves the right to refund the price of the Product; shipping, storage and any other additional cost charged by the carrier shall be borne by the Customer.
Art. 5 – Force Majeure
None of the parties shall be liable for the total or partial non-fulfillment of their obligations due to force majeure.
The following cases must be considered as force majeure, apart those specified by law: total or partial strikes, within or outside Effetto Luce, blockage of the means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the Internet.
In the event of force majeure the execution of the contract shall be suspended.
If after a period of 3 (three) months and the parties ascertain the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
Art. 6 – Products guarantee – technical assistance
The consumer Customer, according to the definition in art. 3 Legislative Decree 6 September 2005 n. 206 (“Consumer Code”), has the right to have the legal guarantee of conformity provided by the Consumer Act itself, under which the Products are guaranteed for two years from the date of delivery.
The consumer Customer must report any defect of conformity of the Products purchased to Effetto Luce within, under penalty of expiration, two months since the discovery.
Products that Effetto Luce recognizes as faulty will be repaired or replaced; in case of repair or replacement of the Products, the terms of the warranty relating to the replaced product or resulting from the repair will be the same as the original product; therefore the total two-year duration of the legal guarantee will in any case start from the date of delivery of the original product.
For all guarantee claims the consumer shall contact the customer service of Effetto Luce sending a written note via fax at the number +39 071 7822373 or via e-mail at the address shop@effettoluce.it, attaching a proof of purchase.
After two years Effetto Luce shall not be responsible for any defect of conformity.
In any case, please refer to art. 128 et seq. Consumer Code.
The professional Customer, according to the definition in art. 3 Legislative Decree 6 September 2005 n. 206 (“Consumer Code”), has the right to have the legal guarantee provided by Civil Code, under which the Products are guaranteed for twelve months from the date of delivery.
The professional Customer must report any defect of conformity of the Products purchased to Effetto Luce within, under penalty of expiration, eight days since the discovery.
For all guarantee claims the professional Customer shall contact the customer service of Effetto Luce sending a written note via fax at the number +39 071 7822373 or via e-mail at the address shop@effettoluce.it, attaching a proof of purchase.
After twelve months Effetto Luce shall not be responsible for any defect of conformity.
Effetto Luce reserves the right to replace Products that, at the moment of purchase or return, are discontinued with new Products having similar or higher value and features.
Effetto Luce does not give any guarantee regarding the compatibility of the Products with other products or equipment used by the Customer, nor does it offer any guarantee regarding the suitability of the Products for the specific use intended by the Customer.
Without prejudice to the hypothesis of willful misconduct or gross negligence of Effetto Luce it is already agreed that, if the responsibility of Effetto Luce is ascertained for any reason towards the Customer – including the case of total or partial non-fulfillment of obligations hired by Effetto Luce towards the Customer due to the execution of an order – the responsibility of Effetto Luce cannot be higher than the price of the Products purchased by the Customer and for which the dispute arose.
Art. 7 – Right of withdrawal
The consumer Customer, according to the definition in art. 3 Legislative Decree 6 September 2005 n. 206 (“Consumer Code)”, has the right to withdraw from the contract and to return the ordered Products, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from receipt of the Products.
The withdrawal period expires after 14 (fourteen) days from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the goods. In the case of multiple goods ordered by the consumer in a single order and delivered separately, the withdrawal period expires after 14 (fourteen) days from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last good.
For any cancellation claim the consumer Customer shall notify Effetto Luce
- via mail: Effetto Luce Spa S.S. 16 Adriatica km 320 60022 Castelfidardo (AN)
- via fax: +39 071 7822373;
- via e-mail: shop@effettoluce.it
his decision to withdraw from this contract by an explicit declaration. It is possible – but not mandatory – to use the attached cancellation form.
To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
By withdrawing from the contract, all payments made to Effetto Luce, including delivery costs, will be reimbursed to the Customer (except for the additional costs deriving from the possible choice of a type of delivery other than the least expensive standard delivery type offered by Effetto Luce), without undue delay and in any case, without prejudice to the provisions of the following paragraph regarding the suspension of the refund, no later than 14 (fourteen) days from the day on which we are informed of the decision to withdraw from this contract. These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the consumer Customer shall not bear any fees as a result of such reimbursement.
The reimbursement may be suspended until receipt of the goods or until the consumer has demonstrated that he has sent back the goods, whichever is earlier.
The returned goods must be returned or delivered to Effetto Luce at the address Effetto Luce Spa S.S. 16 Adriatica km 320 60022 Castelfidardo (AN) without undue delay and in any case within 14 days from the day on which the Customer communicated his withdrawal from this contract. The deadline is met if the goods are returned before the 14-day period expires. The direct costs of returning the goods will be charged to the Customer and will not be reimbursed.
The Customer is liable for the decrease in the value of the goods resulting from the handling of the Products other than that necessary to establish the nature, characteristics and functioning of the goods. The Product must be returned intact and in normal condition, inserted in its complete original packaging in all its parts (including packaging and ancillary documentation).
The right of withdrawal cannot be exercised by the Customer in the event that the Products purchased have been made according to the Client’s requests, are personalized, or can deteriorate or expire rapidly.
Art. 8 – Payment
Payment is due at the time of the order. The Customer undertakes to pay the agreed price for the Products ordered on the Site (price of the Products and of the transport) as well as, if necessary, to pay or to have the carrier or transporter pay the VAT or other import taxes directly of Products in the countries where the delivery will take place.
The Customer pays the order:
– by credit card as proposed on the Site. The Customer guarantees Effetto Luce the fact of having the necessary authorizations to use the card payment method when ordering;
– by transfer to Effetto Luce. In case of non-receipt by the Effetto Luce of the transfer within 5 days after the confirmation of the order, Effetto Luce reserves the right to cancel the order. The bank details are provided at the time of the order;
– or through Paypal. The Customer guarantees Effetto Luce the fact of having the necessary authorizations to use the Paypal payment method when ordering.
The Products ordered remain the property of Effetto Luce until the final and full payment of their price (pursuant to Art. 1523 et seq. of the CC.). Effetto Luce reserves the right to claim the Products ordered in the event of non-payment. In this case and at the request of Effetto Luce, the Customer undertakes to return any unpaid Product, at his own expense.
Art. 9 – Complaints
Complaints for non-conformity of the Products delivered with the order must be received in writing directly to Effetto Luce, immediately after receipt of the goods.
Effetto Luce recommends the Customer to keep the original packaging and the delivery document.
Complaints must be received in writing by post at the address Effetto Luce Spa S.S. 16 Adriatica km 320 60022 Castelfidardo (AN) or by fax to the number +39 071 7822373 or by e-mail to the address shop@effettoluce.it.
Art. 10 – Registered information
The computerized processing of information, including the management of e-mail addresses of site users, is carried out in accordance with the provisions of the law.
The nominative information requested to the Customer is essential for the processing and forwarding of orders, the creation of invoices and any guarantee contracts. For this purpose, this information can be communicated to the contractual partners of Effetto Luce.
The Customer may object to such communication and, pursuant to the law, avails himself of the right to access, modify, rectify and delete data concerning him by contacting Effetto Luce Spa S.S. 16 Adriatica km 320 60022 Castelfidardo (AN). To avoid any attempt at fraud, Effetto Luce can ask the Customer for proof of his identity, of his home.
Art. 11 – Non-waiving
For Effetto Luce the fact of not enforcing a failure on the part of the Customer with respect to any of its obligations, cannot be interpreted as a renunciation of the obligation in question and to the possibility of enforcing this failure at a later time.
Art. 12 – Completeness of the contract
These TOF constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the Customer may be inserted or excluded from these TOF.
Art. 13 – Intellectual property
Effetto Luce is the owner of the intellectual property rights to the Site and the right to distribute the elements contained in the catalog of the online store, therefore, the partial or total reproduction, on any type of support, of the elements that make up the Site and the catalog, their use and their transfer to third parties are formally prohibited.
Art. 14 – Nullity
Should one or more provisions of these TOF be considered invalid or declared such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their strength and value.
Art. 15 – Applicable Law and Jurisdiction
This contract is regulated by Italian Law.
Effetto Luce informs the customer who is a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code of the fact that a European platform has been established for the online resolution of consumer disputes (c.d. ODR platform). The ODR platform can be consulted at the following address: https://webgate.ec.europa.eu/odr; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers, any dispute connected with these General Conditions will be referred to the exclusive jurisdiction of the Court of Macerata .
